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Fulton County Challenges FBI Seizure of 2020 Election Records

2/5/2026, 9:20:05 PM

Legal Action Following FBI Raid

Fulton County, Georgia, has initiated legal proceedings in federal court to recover approximately 700 boxes of election materials seized by the FBI during a raid on January 28, 2026. The county's motion seeks the return of original ballots, tabulator tapes, electronic ballot images, and voter rolls related to the 2020 election. Additionally, the county is requesting the unsealing of the affidavit that justified the search warrant, which remains confidential.

County Commission Chairman Robb Pitts emphasized the significance of this case, stating, “This case is not only about Fulton County. This is about elections across Georgia and across the nation.” He expressed concerns that the federal investigation could undermine public trust in the electoral process, particularly as the midterm elections approach.

Context of the Raid

The FBI's search was part of an investigation linked to former President Donald Trump's unfounded claims of widespread voter fraud in Fulton County, a heavily Democratic area where he narrowly lost to Democrat Joe Biden in the 2020 election. Trump has repeatedly alleged, without evidence, that the election was stolen from him, particularly targeting Fulton County as a focal point of his claims.

Pitts defended the integrity of the county's election practices, noting that Fulton County has successfully conducted 17 elections since 2020 without any reported issues. He stated, “The president himself and his allies refuse to accept the fact that they lost.”

Official Statements and Responses

Fulton County officials have criticized the FBI's actions as an overreach. Commissioner Marvin Arrington Jr. stated, “I have asked the county attorney to take any and all steps available to fight this criminal search warrant.” He highlighted the lack of a chain-of-custody inventory during the seizure, raising concerns about the potential loss or tampering of records.

In response to the raid, Democratic leaders have voiced alarm over the implications for future elections. U.S. Senator Mark Warner remarked, “It is inappropriate for a sitting president to personally involve himself in a criminal investigation tied to an election he lost.”

Criticism and Opposition

Critics argue that the FBI's actions may be politically motivated, aimed at influencing the upcoming midterm elections. Some Democratic lawmakers have expressed fears that the federal government is attempting to interfere with state elections. Arrington noted that the FBI was authorized to copy records under a separate court order but exceeded its authority by taking physical custody of original ballots.

Conflicting Reports and Gaps

The FBI has not publicly commented on the specifics of the investigation or the rationale behind the seizure. The lack of transparency regarding the handling of the seized materials has led to widespread speculation and concern among Fulton County officials and the public.

What's Next

Fulton County's motion is currently under seal, and a federal judge will determine whether to grant the county's requests. The outcome of this legal battle could have significant implications for election integrity and federal-state relations regarding election administration in the United States. As the situation unfolds, Fulton County officials remain committed to ensuring the integrity of their elections and maintaining public trust.