Fulton County, Georgia, Requests Restoration of 2020 Election Documents Confiscated by FBI

FULTON COUNTY, Ga. — Seeking to regain possession of 2020 election documents, Fulton County has approached federal court following the FBI’s seizure of these materials from a storage site close to Atlanta. This move, announced on Wednesday by county officials, underscores the ongoing legal complexities surrounding the election.

Additionally, the county is requesting that the court unseal an affidavit submitted by a law enforcement agent, which was used to obtain the search warrant. According to county spokesperson Jessica Corbitt-Dominguez, the motion itself remains confidential, as the case is currently sealed.

On January 28, a search was conducted at Fulton County’s primary election site in Union City, aiming to gather records pertinent to the 2020 election.

Fulton County, predominantly supporting Democratic candidates, has been under scrutiny from Donald Trump and his supporters since he narrowly lost Georgia to Democrat Joe Biden in the 2020 presidential election. Trump has persistently claimed, without substantiating evidence, that extensive voter fraud in the county resulted in his defeat in the state.

A warrant cover sheet provided to the county includes a list of items that the agents were seeking related to the 2020 general election: all ballots, tabulator tapes from the scanners that tally the votes, electronic ballot images created when the ballots were counted and then recounted, and all voter rolls.

Fulton County Board of Commissioners Chairman Robb Pitts addressed reporters Wednesday morning at a news conference.

“We are the poster child […] because of the 2020 elections. The president himself and his allies—they refuse to accept the fact that they lost. And even if he had won Georgia, he would still have lost the presidency,” Pitts said. “What they’re doing with the ballots they have now, we don’t know, but if they’re counted honestly and fairly, the results will be the same.”

The county statement added: “Parties to the motion include Fulton County Chairman Robb Pitts and the Fulton County Board of Registration & Elections. Because this case is still under seal, we are unable to share the motion at this time.”  

In a statement, county commissioner Marvin Arrington Jr. said the filing is under seal at this time. He said it was brought under “Federal Rules of Criminal Procedure 41(g)” and “challenges the legality and scope of the federal seizure and asks the court to restore the records to their lawful Georgia custodian.

He said about 665 boxes in all were seized.

“I am happy that we have finally filed this motion,” Arrington said. “Last week I asked the county attorney to take any and all steps available to fight this criminal search warrant. Actions like this mass seizure risk sowing seeds of distrust in the election process.”

According to Arrington, the motion additionally asks for the federal government to be temporarily enjoined from “accessing, searching, relying on, reviewing, or otherwise using the materials while the motion is pending” and to have the case placed on an expedited schedule, “including a hearing on the scope of the warrant and the government’s conduct.”

This story is developing and will be updated as information becomes available. 

11Alive, a TEGNA station, contributed to this report. 

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