Atlanta — A federal judge ruled Wednesday that the U.S. Justice Department does not have to return 2020 election ballots seized by the FBI from a warehouse near Atlanta in Fulton County, Georgia, despite the county’s arguments that the seizure was improper. U.S. District Judge J.P. Boulee issued the decision after Fulton County asked the court to order the return of the ballots and other election materials seized during the Jan. 28 operation, as well as any electronic copies the Justice Department said it made.
Boulee’s ruling came in the context of a broader Justice Department review of what it described as election “irregularities” in the county, where election materials have also been the focus of long-running claims by President Donald Trump and his allies about fraud in the 2020 vote. According to the decision described by the Associated Press, Fulton County argued that the seizure and accompanying warrant were unconstitutional, and that the government’s conduct reflected “callous disregard” for Fourth Amendment protections against unreasonable search and seizure.
The Justice Department, in response, said the FBI obtained the materials through the steps it considered appropriate to secure a warrant. It also said the investigation was not limited to a single track, arguing that it was able to pursue civil and criminal proceedings at the same time. In the materials cited by the court, prosecutors pointed to rules tied to how long election records must be maintained and to prohibitions on procuring, casting or tabulating false, fictitious or fraudulent ballots.
In his 68-page ruling, Boulee wrote that the seizure was not “certainly perfect,” and he said the FBI affidavit contained defects that included statements he described as “troubling.” At the same time, Boulee concluded that Fulton County did not show the government’s conduct amounted to a “callous disregard” of the county’s rights. He said the county failed to establish gaps such as a lack of probable cause, omissions in the affidavit, or problems with the manner in which the seizure was executed.
Boulee also rejected the county’s argument that it needed the original documents to avoid irreparable harm if they were not returned, noting that the Justice Department had already provided Fulton County with copies of the seized materials. The decision therefore allowed the Justice Department to keep the ballots and other election materials from federal custody as the investigation continues.
Fulton County officials said they disagreed with the outcome. Robb Pitts, chairman of the Fulton County Board of Commissioners, said in an emailed statement that he “strongly disagrees” with the ruling and that the county would “vigorously pursue all available legal options,” while saying the county would “continue, as always, to stand by our election workers and the voters of Fulton County.”
A Justice Department spokesperson applauded the ruling and said the agency plans to continue its investigation, according to the Associated Press report. The judge’s decision also addressed the county’s suggestion that the Trump administration used a criminal warrant approach after waiting for the outcome of earlier civil litigation, with Boulee ultimately determining that the county’s theory was not supported by the record and the timeline of the investigation.
Beyond the ballot seizure, the case fits into a broader legal fight over election-related information. Months after the Jan. 28 seizure, the Justice Department obtained a grand jury subpoena seeking the names and personal contact information of Fulton County employees and volunteers involved in the 2020 election, and Fulton County later moved to quash it as overly broad and meant to harass political opponents, according to the Associated Press description. The report also said the Trump administration has pursued past election records from other states, using subpoenas and demands tied to investigations or audits.