A federal judge determined on Wednesday that the Justice Department is allowed to keep the 2020 election ballots that were taken during an FBI inquiry back in January. This is seen as a win for the administration of President Donald Trump, particularly as it continues to advocate his unfounded assertions of widespread voter fraud.
U.S. District Judge JP Bouley, operating out of Atlanta, rejected Fulton County’s plea for the return of the original materials that were seized.
Legal representatives for the county contended that the FBI’s scrutiny of local election sites was based on incomplete and unreliable information, which they argued infringed upon U.S. Constitutional rights.
Bouley acknowledged there were issues with the FBI affidavit used to seek permission for the search but concluded those problems didn’t rise to the level of “callous disregard” for the county’s rights, which would be necessary for returning the records.
He commented, “While the affidavit is certainly far from perfect, this is not a situation where the officer omitted every fact that might undermine probable cause, nor where the officer intentionally lied,” as part of his 68-page ruling.
Fulton County, represented by Mayor Rob Pitts, intends to “vigorously” explore all legal avenues and voiced disagreement with the judge’s decision.
Neither the FBI nor the Justice Department provided comments when asked.
This ruling presents an unusual legal victory for Trump’s Justice Department amid an investigation initiated at the request of Trump himself.
As a result, the FBI can retain over 600 boxes of 2020 ballots while they investigate whether the election records were properly maintained or if residents of Fulton County were, in some way, defrauded of a fair election.
However, there are significant challenges ahead for the investigation.
Attorneys from the Justice Department have yet to identify specific individuals as targets in the investigation and they have not contested prosecutors’ claims that the statute of limitations may have run out for the crimes being examined.
Attention on the Situation Grows as November Elections Approach
The situation is being closely followed by election officials and experts nationwide, particularly as Trump suggests the possibility of federal control over some local elections, which raises concerns about voting integrity in the upcoming November elections.
Trump continues to assert, without evidence, that his defeat to Democrat Joe Biden in the 2020 election was due to significant fraud, employing U.S. law enforcement and intelligence to investigate allegations about vote collection and counting.
Justice Department lawyers argued that Fulton County did not meet the rigorous legal criteria necessary to compel the return of items seized during legally sanctioned searches.
During the investigation, authorized by a federal judge, FBI agents confiscated original ballots and other documents from a county election facility in Union City, Georgia.
Officials pointed to suspected “deficiencies” in the 2020 election, noting that some digital images of the ballots were missing and certain absentee ballots appeared not to be folded as they should have been.
This investigation began following a referral from Kurt Olsen, a lawyer who supported Trump’s attempts to overturn the 2020 election results and was tasked by the White House to review the voting process.
In a rare occurrence, Tulsi Gabbard, who was the director of national intelligence under Trump, participated in the raid, a move unusual for someone focused on foreign threats.
Fulton County, recognized as a Democratic stronghold in a contentious presidential race, became a focal point for conspiracy theories and fraud allegations propagated by Trump and his allies after the 2020 election.
Biden’s substantial lead in Fulton County was instrumental in flipping Georgia for the Democrats, although the state returned to Trump in 2024.
Fulton County’s legal team argued that the FBI affidavit lacked important context, indicating that many claims had been previously investigated and found either unproven or false—not resulting from any intentional misconduct.
During a March hearing in Atlanta, a county election expert testified that much of the evidence referenced in the affidavit seemed to indicate a misunderstanding of election processes.
