Nearly two months after FBI agents searched Fulton County election offices and seized boxes of materials tied to the 2020 election, a federal judge heard competing arguments over whether those records should be returned. The hearing focused on the legality of the March seizure and how the government has handled the documents since.
Fulton County attorneys asked the court to order the Justice Department to return ballots and related materials, saying the search and seizure violated the Fourth Amendment. County lawyers argued the affidavit used to obtain the search warrant was misleading, alleging it omitted hundreds of pages of relevant material and reflected narratives pushed by political figures who claimed the 2020 election was rigged. They also raised concerns about the exposure of sensitive voter data and asserted local officials have a right to control and safeguard election records.
The Department of Justice and the FBI told the court they are conducting a criminal investigation into possible irregularities involving the procurement, handling, casting and tabulation of certain 2020 election records. DOJ attorneys warned that returning the materials now could interfere with or jeopardize the ongoing probe.
Attorneys for the county noted that multiple prior state and federal reviews — and public statements from Georgia officials, including Republican Secretary of State Brad Raffensperger and Republican Governor Brian Kemp — found no evidence of widespread fraud that would have altered the outcome of Georgia’s 2020 race. Raffensperger and Kemp have publicly defended the legitimacy of the results.
Fulton County leaders said securing a court hearing was itself a win. The county’s chair said officials are troubled that records were removed from the local election facility and welcome the chance to seek their return and resolution through due process. County lawyers emphasized the risk that sensitive personal information could be exposed if the documents remain outside county control longer than necessary or beyond the scope of the criminal investigation.
CBS News correspondent Skyler Henry, reporting from Atlanta, said the dispute centers on what the FBI’s affidavit did and did not disclose and whether any omitted material would have materially changed the affidavit’s portrayal of the 2020 election. Henry noted the judge must weigh complicated questions about how the FBI has used and stored the seized materials and what portions, if any, can be released or returned without harming the investigation. No ruling was expected immediately after the hearing.
The matter adds another chapter to legal battles over election administration in Georgia since 2020. For now, the seized boxes remain in federal custody while the court considers Fulton County’s motion and the government argues the investigation should continue without interference.