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Fulton County Challenges FBI Seizure of 2020 Election Records

2/5/2026, 1:01:37 AM

Legal Action Following FBI Raid

Fulton County, Georgia, has filed a motion in federal court seeking the return of approximately 700 boxes of election materials seized by the FBI during a search of the county's Election Hub and Operations Center on January 28, 2026. The motion, which remains under seal, also requests the unsealing of the affidavit that supported the search warrant. County officials assert that the FBI's actions were unauthorized and violated legal protections for election materials.

The search warrant indicated that the seized materials, which include ballots, tabulator tapes, electronic ballot images, and voter rolls, were believed to constitute evidence of a criminal offense. Fulton County Chairman Robb Pitts emphasized the importance of this legal action, stating, “Our Constitution itself is at stake in this fight.” He argued that the seizure undermines the integrity of elections and could have broader implications for electoral processes across the nation.

Context of the Seizure

The FBI's raid comes amid ongoing claims by former President Donald Trump and his allies that widespread voter fraud occurred in Fulton County during the 2020 presidential election, which Trump lost to Democrat Joe Biden. Despite numerous audits and court challenges affirming the election results, Trump has repeatedly asserted that the election was stolen. Fulton County, which is heavily Democratic and the most populous county in Georgia, has been a focal point of these allegations.

County officials, including Commissioner Marvin Arrington Jr., have criticized the FBI's actions as unprecedented and potentially damaging to public trust in the electoral process. Arrington noted that the lack of a formal chain-of-custody inventory during the seizure raises concerns about the handling of the materials. “We don’t know where they are. We don’t know what they’re doing with them,” he stated, highlighting the uncertainty surrounding the seized records.

Official Statements and Responses

In a press conference, Pitts reiterated the county's commitment to conducting free and fair elections, stating, “We must be able to do that without interference or the threat of a federal takeover.” The county's motion challenges the legality of the search warrant and seeks to ensure that the materials remain in Georgia under seal, allowing for forensic accounting of the documents taken.

The FBI has not publicly commented on the specifics of the search or the ongoing investigation, citing the active nature of the case. However, the agency confirmed that the operation was court-authorized.

Criticism and Opposition

Democratic leaders and election advocates have expressed alarm over the FBI's actions, viewing them as a misuse of federal resources to target political opponents. Critics argue that such actions could further erode public confidence in the electoral system. Pitts remarked, “The president himself and his allies refuse to accept the fact that they lost,” underscoring the political tensions surrounding the investigation.

What's Next

The federal court will decide on Fulton County's motion, including whether to return the seized materials and unseal the supporting affidavit. The outcome of this case could set a precedent for how federal authorities engage with state election processes, particularly in politically contentious environments.

Verbatim Quotes

  • “Our Constitution itself is at stake in this fight.” — Robb Pitts, Fulton County Chairman
  • “Justice delayed is justice denied,” — Marvin Arrington Jr., Fulton County Commissioner
  • “We don't know where they are. We don't know, really, who has them,” — Robb Pitts, Fulton County Chairman
  • “The search warrant, I believe, is not proper.” — Marvin Arrington Jr., Fulton County Commissioner