U.S. Judge Denies Fulton County's Bid to Recover Election Materials Seized by FBI
U.S. District Judge Jean-Paul Boulee denied a motion by Fulton County, Georgia, officials to compel the return of ballots and other election materials seized by the FBI in a court-authorized search warrant executed on January 28, 2026. The judge ruled that the county did not meet the legal threshold required for the return of the seized property.
The Court Ruling
Judge Boulee acknowledged that the FBI's supporting affidavit was "defective in some respects" and contained "troubling" omissions. However, he concluded that these shortcomings did not rise to the level of "callous disregard" for the county's rights—the legal standard necessary for the court to order the return of the materials.
"The Court cannot say that the Affidavit was so deficient that its shortcomings rise to the 'high[] threshold' of callous disregard."
The judge also rejected arguments that the seizure violated the county's 10th Amendment rights or was conducted in bad faith. He noted that copies of the seized documents have been provided to local officials, mitigating concerns about the county's ability to conduct future elections. The opinion suggested that different legal analysis might apply if records from an ongoing election had been seized.
The FBI Search and Seizure
Execution of the Warrant
On January 28, 2026, FBI agents executed a search warrant at the Fulton County Election Hub and Operation Center in Union City, Georgia, south of Atlanta. The operation resulted in the seizure of hundreds of boxes—estimated at approximately 700—of election materials. Photographs showed boxes labeled "2020 general election" being loaded onto trucks by FBI personnel.
Materials Seized
The search warrant, signed by Magistrate Judge Catherine Salinas, authorized the seizure of:
- All physical ballots from the 2020 General Election, including absentee ballots
- Tabulator tapes from voting machines
- Electronic ballot images generated during counting and recounting
- 2020 voter rolls
Legal Basis for the Warrant
The search warrant application cited two potential federal statute violations:
- Failure to retain federal election records for the required 22-month period
- Criminal prohibitions on election officials intimidating voters or procuring, casting, or tabulating false ballots
Origin of the Investigation
The criminal investigation began with a referral from Kurt Olsen, a former attorney who worked with Texas Attorney General Ken Paxton to challenge the 2020 election results. Olsen has been identified as the Presidentially appointed Director of Election Security and Integrity.
The affidavit supporting the warrant was authored by FBI Special Agent Hugh Raymond Evans. It cited five alleged "deficiencies or defects" in the election and tabulation process in Fulton County:
- The county reportedly acknowledged not possessing scanned images for all 528,777 ballots from the original count or the 527,925 ballots from the recount
- During the recount, some ballots were reportedly scanned multiple times
- Auditors conducting hand counts reported vote tallies inconsistent with the actual number of votes within specific batches
- Fulton County reported two different vote tallies on the deadline to report recount results and on the subsequent day
Conflicting Positions and Arguments
County Arguments
Fulton County attorneys argued that the FBI affidavit relied on debunked rumors and outdated allegations that had been previously investigated and found to lack evidence of intentional wrongdoing. The county asserted that the FBI omitted those investigation results, misleading the magistrate judge who approved the search.
In a court filing, county officials stated that the FBI's application described "types of human errors" confirmed to occur in many elections without alleging intentional wrongdoing. They further argued that the application did not inform the judge that:
- The allegations had been previously investigated by other authorities
- Some witnesses cited had criminal records or were known as "election deniers"
- Witnesses lacked election administration expertise or based conclusions on speculation
Ryan Macias, an election technology and security expert who provided a declaration for the county, stated that the FBI's affidavit contained "gross mischaracterizations of the facts of how elections work" and contradicted findings from previous investigations.
Government Position
Justice Department attorney Tysen Duva conceded the agent "may have missed a thing or two" but argued the county's arguments were "woefully inadequate."
Judge's Assessment
Judge Boulee noted that while the affidavit contained "problematic," "troubling," and "misleading" aspects, it also included information undermining the allegations and showing prior probes.
Official Presence and Reactions
Director of National Intelligence
Tulsi Gabbard, the Director of National Intelligence, was observed at the election center during the FBI operation. President Donald Trump stated that Gabbard was there at his direction. Gabbard later stated in a letter that Trump requested her presence under her "broad statutory authority to coordinate, integrate, and analyze intelligence related to election security." She stated that neither she nor the President issued any directives during the call, and that she only observed the operation briefly.
Political Reactions
Fulton County Board of Commissioners Chairman Robb Pitts expressed strong disagreement with the ruling and stated the county intends to pursue all legal options to protect election workers and voters. At a press conference, Pitts stated he had received a phone call two days before the FBI operation warning that he and other officials faced imminent arrest, which did not occur.
The NAACP and other civil rights organizations filed a motion seeking a court order to protect personal voter information seized in the operation, requesting limits on the government's use of the data.
Senator Mark Warner (D-Va.) expressed concern, stating:
"When you put all of this together, it is clear that what happened in Fulton County is not about revisiting the past, it is about shaping the outcome of future elections."
Background and Context
2020 Election Results
Georgia's 2020 presidential votes were counted three times—including by machine and by hand—each confirming President Joe Biden's victory in the state by approximately 11,779 votes. Georgia state officials, including the Republican governor and secretary of state, have repeatedly affirmed the integrity of the 2020 election. President Trump and his allies have continued to assert, without evidence that has been substantiated in court or by official reviews, that widespread voter fraud in Fulton County contributed to his loss in Georgia.
Related Legal Matters
Georgia Secretary of State Brad Raffensperger (R) criticized the federal investigation, stating:
"Instead of wasting time and tax dollars trying to change the past with baseless and repackaged claims, let's focus our efforts on building a safer, more affordable future for all hardworking Georgians."
In a separate matter, the Justice Department issued a grand jury subpoena for names and contact information of Fulton County election workers, which the county is seeking to quash, calling it overly broad and harassing.
Fulton County District Attorney Fani Willis's previous election interference case against President Trump and 18 others was dismissed in November 2024 after Willis was disqualified due to an "appearance of impropriety" related to a romantic relationship with a hired prosecutor. Trump is seeking to recover over $6 million in attorney fees and costs related to that investigation.
An earlier FBI special agent in charge of the Atlanta field office, Paul W. Brown, was removed from his position approximately one week before the search warrant was executed. Reports citing sources stated that Brown had expressed concerns about the investigation and declined to execute searches and seizures of records. The FBI has not publicly commented on Brown's removal, and the reason for his departure has not been confirmed.
Court Developments
Judge Boulee ordered the unsealing of documents related to the FBI raid, including the search warrant affidavit, subject to redaction of non-governmental witness names. Both parties indicated they do not oppose unsealing the docket and motions.