Fulton County officials want their 2020 election materials back. In a new court filing, they argue the FBI left out key facts and relied on old, already-debunked claims to get a search warrant.
Federal agents seized hundreds of boxes of ballots, tabulator tapes, digital ballot images and voter rolls from the county’s Elections Hub on Jan. 18. A judge will hear arguments next week on whether those materials must be returned.
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County says warrant lacked probable cause
In its amended motion, the county states that the FBI did not present evidence of a crime. Instead, the filing argues, the bureau described routine human errors that occur in most elections and presented them without proof of intentional wrongdoing.
The county also says the affidavit failed to tell the magistrate judge that the alleged election “defects” had already been reviewed. Georgia’s 2020 results were audited, recounted and investigated. Those reviews found no evidence of widespread voter fraud.
County officials further argue the affidavit omitted information that would undercut the credibility of some witnesses cited in the investigation.
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Investigation tied to Kurt Olsen referral
The unsealed FBI affidavit states the investigation began with a referral from Kurt Olsen, now serving in the White House as Director of Election Security and Integrity. Olsen previously advanced challenges to the 2020 results and has been sanctioned by multiple courts over election-related claims.
Fulton County’s filing says the affidavit acknowledged Olsen’s referral but did not disclose that record of sanctions. The county also argues that some witnesses referenced in the warrant lacked election administration expertise or relied on speculation.
The filing also states that the five-year statute of limitations for the crimes cited in the affidavit has expired.
Next step: federal hearing
The affidavit was unsealed earlier this month after a judge granted the county’s request. The upcoming hearing will decide whether the ballots and related records remain in federal custody or go back to Fulton County.
