Fulton

Feb. 4 (UPI) — Fulton County, Georgia, filed a motion in federal court on Wednesday demanding the return of election materials taken from the county by the FBI.

The motion was filed under seal, said Jessica Corbitt, a spokesperson for the county, to The New York Times. It also asks for the affidavit filed in support of the search warrant to be unsealed.

Robb Pitts, chair of the Fulton County Board of Commissioners, said at a press conference Wednesday that the motion was a way to uphold the Constitution and the rights of Fulton County voters.

“We will fight using all resources against those who seek to take over our elections,” he said. “Our Constitution itself is at stake in this fight.”

Fulton County Commissioner Marvin Arrington Jr. said the motion is important to the people of his county because “actions like this mass seizure risk sowing seeds of distrust in the election process.”

“This morning’s filing could not have come fast enough; justice delayed is justice denied,” Arrington said in a statement to USA Today. “The people of Fulton County deserve justice now, and that’s why I pushed so hard to get this motion filed as soon as possible.”

On Jan. 28, the FBI seized large quantities of materials from the Election Hub and Operations Center in Union City, Ga., just outside of Atlanta. They specifically took items from the 2020 election, which President Donald Trump has claimed he won, despite a lack of evidence.

Fulton County, which makes up a large portion of Atlanta, is a strongly Democratic county and is the most populous in the state.

Director of National Intelligence Tulsi Gabbard was present at the raid, and lawmakers have demanded to know why. She responded that Trump had requested that she be there.

In a letter to Rep. James Himes, D-Conn., and Sen. Mark Warner, D-Va., Gabbard defended her presence.

“My presence was requested by the President and executed under my broad statutory authority to coordinate, integrate and analyze intelligence related to election security, including counterintelligence, foreign and other malign influence and cybersecurity,” she said.

The Times reported that a day after the raid, Gabbard facilitated a phone call between her, Trump and the FBI agents involved.

“Tulsi Gabbard has no legal role in domestic law enforcement, yet 5 days ago she participated in an FBI raid of Fulton County, Georgia’s, election office — the center of Trump’s 2020 election conspiracy theories,” Warner said on X on Monday.

“And now we find out that she orchestrated a call between Trump and the FBI agents conducting the raid? Something’s not passing the smell test …,” he said.

Trump has recently said that he wants to “nationalize” the upcoming midterm elections, though he has no legal authority to do so.

The FBI agents loaded three box trucks of evidence from the election facility. Fulton County officials said that more than 20 pallets of ballots, election tape and equipment were taken, but they don’t have a list of items from the Department of Justice, The Times reported.

“We don’t even have copies of what they took, so it’s a problem,” Pitts said. He added that the county wants the items back “so we can take an inventory” of what was taken.

“We don’t know where they are. We don’t know, really, who has them,” The Times reported he said. “We don’t know what they’re doing with them. Are they being tampered with? I can use my imagination, and I would certainly hope not. But we just – we don’t know.”

Pitts mentioned Trump’s comments about taking over the elections in about 15 states.

“We’ll be the test case,” he said. “If they’re successful in Georgia — Fulton County, Georgia, in particular — the others on that list of 15 plus states, they should be aware.”

He said the raid was “probably the first step in whatever they’re going to do in order to depress voter participation, voter registration, making whatever changes they think are necessary to help their case in 2026, but more importantly, in 2028.”

ATLANTA — Georgia’s Fulton County has gone to federal court seeking the return of all ballots and other documents from the 2020 election that were seized by the FBI last week from a warehouse near Atlanta.

Its motion also asks for the unsealing of a law enforcement agent’s sworn statement that was presented to the judge who approved the search warrant, the county chairman, Robb Pitts, said Wednesday. The filing on behalf of Pitts and the county election board is not being made public because the case is under seal, he said.

The Jan. 28 search at Fulton County’s main election facility in Union City sought records related to the 2020 election. Many Democrats have criticized what they see as the use of the FBI and the Justice Department to pursue President Trump’s political foes.

The Republican president and his allies have fixated on the heavily Democratic county, the state’s most populous, since the Republican narrowly lost the election in Georgia to Democrat Joe Biden that year. Trump has long insisted without evidence that widespread voter fraud in the county cost him victory in the state.

“The president himself and his allies, they refuse to accept the fact that they lost,” Pitts said. “And even if he had won Georgia, he would still have lost the presidency.”

Pitts defended the county’s election practices and said Fulton has conducted 17 elections since 2020 without any issues.

“This case is not only about Fulton County. This is about elections across Georgia and across the nation,” Pitts said, citing comments by Trump earlier this week on a podcast where he called for Republicans to “take over” and “nationalize” elections. White House spokesperson Karoline Leavitt has said the president was referring to legislative efforts.

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.

The FBI drove away with hundreds of boxes of ballots and other documents. County officials say they were not told why the federal government wanted the documents.

“What they’re doing with the ballots that they have now, we don’t know, but if they’re counted fairly and honestly, the results will be the same,” Pitts said.

Andrew Bailey, the FBI’s co-deputy director, and Tulsi Gabbard, the director of national intelligence, were seen on-site, at the time. Democrat in Congress have questioned the propriety of Gabbard’s presence because the search was a law enforcement, not intelligence, action.

In a letter to top Democrats on the House and Senate Intelligence committees Monday, she said Trump asked her to be there “under my broad statutory authority to coordinate, integrate, and analyze intelligence related to election security.”

Brumback writes for the Associated Press.

UNION CITY, Ga. — FBI agents were executing a search warrant at the Fulton County elections office near Atlanta on Wednesday, an agency spokesperson confirmed.

An FBI spokesperson said agents were “executing a court authorized law enforcement action” at the county’s main election office in Union City, just south of Atlanta. The spokesperson declined to provide any further information, citing an ongoing matter.

The search comes as the FBI under the leadership of Director Kash Patel has moved quickly to pursue the political grievances of President Trump, including by working with the Justice Department to investigate multiple perceived adversaries of the Republican commander-in-chief.

The Justice Department had no immediate comment.

Trump has long insisted that the 2020 election was stolen even though judges across the country and his own attorney general said they found no evidence of widespread fault that tipped the contest in Democrat Joe Biden’s favor.

He has long made Georgia, one of the battleground states he lost in 2020, a central target for his complaints about the election and memorably pleaded with its then-secretary of state to “find” him enough votes to overturn the contest.

Last week, in reference to the 2020 election, he asserted that “people will soon be prosecuted for what they did.” It was not clear what in particular he was referring to.

Fulton County District Atty. Fani Willis in August 2023 obtained an indictment against Trump and 18 others, accusing them of participating in a wide-ranging scheme to illegally try to overturn the results of the 2020 presidential election. That case was dismissed in November after courts barred Willis and her office from pursuing it because of an “appearance of impropriety” stemming from a romantic relationship she had with a prosecutor she had appointed to lead the case.

Brumback writes for the Associated Press.