A federal judge has ruled that the U.S. Justice Department can retain the 2020 election ballots from Georgia’s Fulton County that were seized by the FBI from a warehouse near Atlanta. U.S. District Judge J.P. Boulee issued the decision on Wednesday, rejecting arguments from county lawyers that the seizure was improper and unconstitutional. The county had sought the return of the ballots, other election materials, and any electronic copies made by the Justice Department.
Background of the Seizure
The FBI executed the seizure on January 28, 2026, targeting the elections hub in Georgia’s most populous county. Fulton County, which is heavily Democratic and includes most of Atlanta, has been a focal point of unfounded claims by former President Donald Trump and his allies that widespread election fraud cost him the 2020 election. The Justice Department stated it is investigating “irregularities that occurred during the 2020 presidential election in the county” and cited two potential violations: one requiring election records to be maintained for 22 months, and another prohibiting the procurement, casting, or tabulation of false, fictitious, or fraudulent ballots.
Court's Reasoning
In his 68-page ruling, Judge Boulee acknowledged that “the seizure in this case was certainly not perfect.” However, he concluded that Fulton County failed to demonstrate that its rights were callously disregarded, whether through a lack of probable cause, omissions in the affidavit, or the manner of the seizure. The judge also noted that the county did not prove it needs the documents or would suffer irreparable harm if they are not returned, especially since the Justice Department has provided copies of the documents to the county.
Context of the 2020 Election
Georgia’s votes in the 2020 presidential race were counted three times, including once by hand, and each count affirmed Democrat Joe Biden’s win. The ruling allows the federal investigation to proceed with the seized materials, while the county retains access to digital copies. This decision marks another chapter in the ongoing legal battles surrounding the 2020 election, with Fulton County at the center of Trump’s false fraud claims.
