Justice Department: Fulton has no grounds for return of ballots

The U.S. Justice Department on Friday urged a federal judge to reject Fulton County’s demand to return ballots and other documents recently seized by the FBI.

The DOJ said it is investigating “irregularities” that occurred during the 2020 election and returning the documents would disrupt the ongoing criminal investigation. It argued the evidence it cited in an affidavit was enough to convince a magistrate judge there was probable cause to issue a search warrant, and that judgment should not be invalidated.

“Ultimately, it makes no sense to order original evidence returned to petitioners when there is probable cause to believe such records were not properly retained and preserved in the first place, which was one of the bases for obtaining the warrant,” Justice Department attorneys argued. “If the United States loses the records now, it might never regain them.”

The filing follows Fulton County’s argument this week that the FBI seizure was improper and not justified by the evidence of election “deficiencies” outline in the affidavit.

The dueling filings set up a possible high-stakes hearing next Friday, when U.S. District Judge J. P. Boulee is set to hear from both sides. But the Justice Department has asked Boulee to dismiss the county’s motion without a hearing and quash a subpoena for the FBI agent who obtained the search warrant.

The Jan. 28 FBI raid was a dramatic escalation of a yearslong campaign to prove allegations of voting fraud in the 2020 election. Numerous state and federal investigations have found no evidence of significant fraud, and Democrat Joe Biden’s narrow victory was confirmed by three counts.

But President Donald Trump continues to claim the election was stolen. Trump has installed election deniers in key federal posts. And his Justice Department was happy to respond when a right-wing majority on the Georgia State Election Board sought federal help as they reopen investigations into the 2020 election.

The FBI raid appears to be the culmination of that assistance. The affidavit used to obtain the search warrant cites numerous election “deficiencies” that have already been investigated by state officials. Those investigations found problems but no intentional misconduct.

Fulton County seeks to have the ballots returned, saying the evidence does not justify the seizure. But on Friday the Justice Department said it’s the county’s arguments that fall short.

Department attorneys argued the county isn’t even a proper party to dispute the seizure — the ballots were in possession of the superior court clerk’s office, which is a separate government agency.

Justice Department attorneys also argued the county was seeking to undermine the magistrate judge’s determination that there was probable cause for seizing the election documents. They argued that “read as a whole, the affidavit does support an inference of willful misconduct,” which would constitute a federal crime.

“The undisputed evidence shows the United States has a continuing need for the property as part of its ongoing criminal investigation into the potential mishandling of the criminal records at issue, which could result in a future trial,” the Justice Department argued.