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FBI Seizes 2020 Election Records from Fulton County, Georgia, Amid Ongoing Investigation

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The Federal Bureau of Investigation (FBI) executed a search warrant at the Fulton County Election Hub and Operation Center in Georgia on January 28, 2026, initiating a criminal investigation into alleged improprieties in 2020 voting processes. The action focused on whether alleged ballot counting issues in Fulton County constituted intentional acts violating federal criminal laws.

Fulton County officials have since filed a motion seeking the return of the seized materials and the unsealing of the warrant affidavit, while civil rights organizations have requested court protections for voter data.

FBI Search and Seizure

On Wednesday, January 28, 2026, FBI agents conducted a court-authorized law enforcement action at the Fulton County Election Hub and Operation Center, located south of Atlanta in Union City. The search warrant, signed by Magistrate Judge Catherine Salinas, authorized the seizure of all physical ballots from the 2020 General Election, tabulator tapes from voting machines, and 2020 voter rolls.

Reports indicated that agents seized hundreds of boxes, with some sources specifying over 650 to 700 boxes of materials. This included original absentee ballots and entire pallets of previously archived and sealed ballot boxes.

The FBI's Atlanta Field Office confirmed an ongoing investigation but declined to provide further details at the time of the search. Fulton County officials stated that the operation was "still actively underway" and initially declined to share additional information.

Purpose of the Investigation

The search warrant stated that the seized material "constitutes evidence of the commission of a criminal offense" and "had been used as the means of committing a criminal offense." It specifically listed possible violations related to retaining election records and criminal penalties for voter intimidation or procuring false votes or registrations.

The criminal investigation originated from a referral by Kurt Olsen, identified as the Presidentially appointed Director of Election Security and Integrity, who previously advised former President Donald Trump on challenging the 2020 election results.

An affidavit by FBI Special Agent Hugh Raymond Evans, submitted as part of the search warrant application, detailed several alleged deficiencies or defects concerning the 2020 election and vote tabulation in Fulton County:

  • Reports that Fulton County did not possess scanned images for all ballots from the original count or recount.
  • Allegations that some ballots were scanned multiple times during the recount.
  • Reports from auditors of vote tallies inconsistent with the actual number of votes within specific batches.
  • Fulton County reportedly submitting two different vote tallies on the deadline for recount results and the subsequent day.

The affidavit asserted that if these deficiencies resulted from intentional action, it would constitute a violation of federal law, regardless of whether they influenced the election outcome.

Fulton County's Response and Legal Actions

Fulton County officials, including Commission Chair Robb Pitts, confirmed the search and the type of records sought by the warrant. Commissioners Marvin Arrington and Mo Ivory expressed concerns regarding the chain of custody for the original voting records and questioned inventory procedures. Chairman Pitts also stated that he received a phone call two days before the search warning of imminent arrests of state officials, including himself.

Fulton County subsequently filed a motion requesting a federal court order for the FBI to return the seized 2020 election materials and to unseal the affidavit used to obtain the search warrant.

County officials argued in a court filing that the FBI's warrant application contained omissions, describing "types of human errors" that commonly occur in elections without alleging intentional wrongdoing. They asserted the FBI did not inform the magistrate judge that the alleged election "defects" had been previously investigated or include information that could raise doubts about the credibility of witnesses cited in the federal criminal probe. The county’s filing also noted that Kurt Olsen has been sanctioned by multiple courts and that other cited witnesses lacked election administration expertise or based conclusions on speculation.

An expert declaration from Ryan Macias, filed by the county, stated the FBI's affidavit contained "gross mischaracterizations of the facts of how elections work" and contradicted findings from previous investigations.

A federal judge has since ordered documents related to the FBI raid, including the search warrant affidavit (subject to redaction of nongovernmental witness names), to be unsealed by an upcoming Tuesday.

Context: 2020 Election Claims and Related Legal Actions

Fulton County, Georgia’s most populous county and a Democratic stronghold, has been a central focus of claims of widespread voter fraud since former President Donald Trump lost the state in the 2020 election. Trump has repeatedly stated his belief that the election was "rigged," assertions that courts, state, and federal officials, along with multiple audits and recounts, have rejected due to a lack of evidence that would have altered the outcome. Georgia officials audited and certified the results, which were counted three times in Fulton County.

Background events related to the 2020 election in Georgia include:

  • Trump's Call to Raffensperger: Weeks after the 2020 election, Trump famously called Georgia Secretary of State Brad Raffensperger, requesting him to "find 11,780 votes." Raffensperger refused, noting that reviews had confirmed Joe Biden's narrow victory.
  • DOJ Lawsuit for Records: The U.S. Justice Department's Civil Rights Division filed a lawsuit against Fulton County in December, seeking access to 2020 election ballots and other records. The DOJ's complaint asserted that Fulton County's refusal to provide these records, which it stated were under seal, violated the Civil Rights Act.
  • State Election Board Involvement: The Georgia State Election Board, with a conservative majority, has previously sought to reopen a case alleging wrongdoing by Fulton County during the 2020 election and sent subpoenas for election documents. In May 2024, the board issued a letter of reprimand to Fulton County for alleged missing documentation for thousands of votes in the 2020 recount.
  • Dismissed Trump Indictment: In August 2023, Fulton County District Attorney Fani Willis obtained an indictment against Trump and 18 others, accusing them of participating in a scheme to illegally overturn the 2020 presidential election results. This case was later dismissed in November by a Fulton County judge after Willis was disqualified due to an "appearance of impropriety." Trump, who pleaded not guilty, is now seeking over $6.2 million in attorney fees and costs related to that investigation.
  • Libel Suit Against Rudy Giuliani: Claims alleging election workers removed ballots from suitcases after counting concluded were determined to be unfounded. Rudy Giuliani was ordered to pay $148.1 million in damages to two Georgia election workers, Ruby Freeman and Wandrea “Shaye” Moss, following a libel suit related to these false allegations, with Giuliani satisfying the judgment in 2025.

Personnel and Political Reactions

Paul W. Brown, the special agent in charge of the FBI's Atlanta field office, was reportedly removed from his position approximately one week before the search warrant's execution. Reports citing sources stated Brown had expressed concerns about allegations of voter fraud in Fulton County and declined to execute searches and seizures of 2020 election records. The FBI has not publicly commented on Brown's removal.

Tulsi Gabbard, identified as the U.S. Director of National Intelligence, was observed at the Fulton County facility during the FBI search. A senior administration official stated that Gabbard plays a pivotal role in election security and protecting election integrity. Gabbard stated that former President Trump requested her presence under her "broad statutory authority to coordinate, integrate, and analyze intelligence related to election security" and that she only observed the operation for a brief period, with neither she nor the President issuing directives during a call with agents. Trump later indicated that Attorney General Pam Bondi had insisted Gabbard oversee the raid.

Senator Mark Warner (D-Va.) commented on Gabbard's presence, stating that if she believed foreign interference occurred, she was obligated to inform the intelligence committee; otherwise, her involvement could be seen as a "domestic political stunt." Warner further stated that "what happened in Fulton County is not about revisiting the past, it is about shaping the outcome of future elections."

Rick Hasen, a UCLA law professor, observed that Trump's utilization of the FBI for investigations into the 2020 election aligns with a pattern of presidents employing federal agencies for personal objectives. Democratic officials described the search as an attack on democratic processes, while Republican officials characterized the action as a justified and lawful execution of a federal search warrant.

Former President Trump has consistently addressed the topic of the 2020 election, referring to it as "rigged" and "corrupt," and has recently called for a federal takeover of elections. The U.S. Constitution vests states with the authority to administer elections.

Concerns Regarding Voter Data

The NAACP and other civil rights organizations have filed a motion requesting a judge to protect personal voter information seized by the FBI. The organizations argue that the seizure "breached that guarantee, infringed constitutional protections of privacy, and interfered with the right to vote."

The motion seeks to order reasonable limits on the government’s use of the seized data, specifically prohibiting its use for voter roll maintenance, election administration, or immigration enforcement. It also requests disclosure of an inventory of seized documents, the identity of anyone who has accessed or copied the records, and efforts made to secure the information.

The motion notes that this seizure occurs amidst ongoing efforts by the Justice Department to obtain unredacted state voter registration rolls, with lawsuits filed against at least 23 states and the District of Columbia. The Justice Department has stated its objective is to ensure election security, but critics have expressed concerns that federal officials might use sensitive voter data for purposes other than election security.