A US district judge has ruled that the federal government can retain the 2020 election ballots from Fulton County, Georgia, which were seized by the FBI from a warehouse near Atlanta. The decision, issued on Wednesday by Judge JP Boulee, rejected arguments from county lawyers that the seizure was improper and unconstitutional, and that the ballots and other election materials should be returned.
The FBI's seizure on 28 January targeted the elections hub in Georgia's most populous county, a heavily Democratic area that includes most of Atlanta. Fulton County has been at the centre of unfounded claims by 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 identified 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.
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. In his 68-page ruling, Judge Boulee acknowledged that the seizure was 'not perfect' but concluded that Fulton County did not establish that its rights were callously disregarded, either through lack of probable cause, omissions in the affidavit, or the manner of execution. He also noted that the county failed to show it needs the documents or will be irreparably harmed if they are not returned, particularly as the Justice Department has provided copies.
