election worker

ATLANTA — The U.S. Department of Justice cannot have the names of and contact information for every person who worked during the 2020 election in Georgia’s Fulton County, a federal judge ruled Tuesday.

The Justice Department in April obtained a grand jury subpoena seeking the names and personal contact information of county employees and volunteer poll workers. President Trump has long claimed without evidence that widespread voter fraud in Georgia’s most populous county, a Democratic stronghold, cost him victory in the state in 2020.

Fulton County asked a judge to quash the subpoena, arguing it was meant to “target, harass and punish the President’s perceived political opponents” and that it was “grossly over broad and untethered to any reasonable need.”

“Given the low need for the subpoenaed information and the highly burdensome nature of the disclosure of the same, the Subpoena is unreasonable and must be quashed,” U.S. District Judge William Ray wrote in his ruling, calling the scope of the request “staggering.”

Emails seeking comment were sent to both the Justice Department and Fulton County.

Although grand juries often work with federal prosecutors to investigate alleged crimes, “that does not give the DOJ the right to use the Grand Jury to do whatever the DOJ wants,” he wrote.

Even if the records sought by the Justice Department could help find people who worked for the county during the 2020 election who support the theory that the election was unfair, the information couldn’t be used to charge anyone, Ray wrote.

“That is because the statute of limitations for any possible crime arising from the 2020 Election has long expired,” he wrote.

The subpoena came after the FBI in January served a search warrant at the Fulton County election hub and seized hundreds of boxes of ballots and other documents from the 2020 election. A federal judge in May denied the county’s request to force the federal government to return the ballots.

The Justice Department argued in a court filing that the subpoena was the “next step in the normal investigative process” and that it seeks “records identifying persons with relevant knowledge.”

Kamal Ghali, a lawyer for the county, argued that the subpoena “will chill participation by election workers” and that the statute of limitations for any of the alleged misconduct had already lapsed.

Justice Department lawyer William McComb argued the statute of limitations issue is not relevant at the investigative stage. The point of the investigation is to figure out what charges can be brought, he said.

“My point is, as we sit here now, we are not sure what charges can be brought. That’s the whole point of the investigation,” he said.

The request for election workers’ contact information, McComb said, “would simply be a pathway to determine and speak with and interview certain individuals who worked at the polls who may have seen, heard or done something in and of themselves.”

The judge noted that the Justice Department had expressed concern about possible criminal actions in the years that followed the election, including an alleged failure by the county to preserve electronic ballot images. But he pointed out that the subpoena seeks information related to what happened during the 2020 election and its immediate aftermath.

“In these hyper-political times in which we currently live, there are sure to be some who disagree with this decision because they believe the allegations of fraud in the 2020 Election and believe that ‘light’ should be brought to those claims,” Ray wrote.

He added that nothing prevents continued investigation into those allegations by people who believe those claims — such as Congress or even the Justice Department — but the power of the grand jury, “which exists to investigate potential crimes and to bring viable indictments” cannot be used for that purpose. Otherwise, anyone in power could use the grand jury process to subpoena personal information of citizens “with no legitimate law enforcement purpose,” he wrote.

“Thus, everyone, whether you support the President or you do not, or whether you believe the 2020 Election was fair or believe that it was not, should be concerned about the DOJ’s ability to utilize the power of the Grand Jury to appropriate your private information without a legitimate purpose,” Ray wrote.

Brumback writes for the Associated Press.

ATLANTA — The Department of Justice is seeking the names of every person who worked in the 2020 election in Georgia’s Fulton County, a Democratic stronghold that Donald Trump has long accused of widespread voter fraud he falsely says cost him victory against Joe Biden in the state that year.

Lawyers for the county filed a motion on Monday night to quash a grand jury subpoena that asks for the names and personal contact information of county employees and volunteer poll workers. This latest action comes after the FBI in January went to a Fulton County elections warehouse and seized ballots and other documents from the 2020 election, which Georgia’s certified totals showed Trump lost in the state to Biden by 11,779 votes out of nearly 5 million cast. Trump, a Republican, still insists the election was stolen from him even though judges and his own attorney general concluded otherwise.

Monday’s court filing says the subpoena is meant to “target, harass and punish the President’s perceived political opponents.” The request is “grossly overbroad and untethered to any reasonable need,” the county’s lawyers argue. It “cannot yield any evidence that could result in a criminal prosecution,” they wrote, arguing that the statute of limitations on any federal crime related to the 2020 election has already expired.

The Justice Department did not immediately respond to an email seeking comment Tuesday.

County Board of Commissioners Chairman Robb Pitts, in an emailed statement, called the subpoena “yet another act of outrageous federal overreach designed to intimidate and chill participation in elections.”

“Let me be crystal clear. Fulton County will not be intimidated,” said Pitts, a Democrat who’s running for reelection.

Since the 2020 election, Trump “has obsessively propagated the debunked conspiracy theory that Fulton County ‘stole’ the 2020 election from him,” the county’s lawyers wrote. “And he has made it clear that he seeks retribution against those who refuse to indulge his baseless claims.”

Trump has already targeted individual poll workers like Ruby Freeman, who was attacked by him and his supporters after the election. Freeman, who’s Black, has said she was forced to flee her home after false claims of election fraud against her led to racist threats and strangers showing up at her home.

The grand jury subpoena, dated April 17, was served on the county’s director of elections on April 20, the county’s court filing says. It seeks the “name, position/function, residential and email addresses, and personal telephone number(s)” for thousands of election workers “ranging from county employees who assisted on election day, to bus drivers who operated a mobile voting location, to volunteers and temporary poll workers,” the filing says.

The subpoena “is a chilling escalation in the campaign to terrorize Fulton County election workers,” the county’s lawyers wrote, adding that threats arising from the current political environment have caused election workers to “fear for their physical safety.” That and other stresses “including the likelihood of being scapegoated by public officials” are causing election workers to leave their jobs “in unprecedented numbers,” they wrote.

The county’s lawyers note that the subpoena directs the county to provide the records not to the grand jury but to an out-of-state Justice Department lawyer or to the FBI agent who wrote the affidavit used for the seizure of the county’s 2020 ballots in January.

The January seizure of the ballots and other records from Fulton County was one in a string of moves by Trump’s administration to obtain past election records from critical swing states. The FBI in March used a subpoena to get records related to an audit of the 2020 presidential election in Maricopa County in Arizona. And the Justice Department in April demanded that Michigan’s Wayne County turn over its ballots from the 2024 election, which Trump won against Biden’s vice president, Kamala Harris.

The Justice Department is also fighting numerous states in court for access to voter data that includes sensitive personal information. Election officials, including some Republicans, have said handing over the information would violate state and federal privacy laws.

Brumback writes for the Associated Press.