Lawyers for Fulton County have accused the FBI of making misrepresentations in an affidavit used to obtain a search warrant for a raid on the county's election offices in January. The warrant led to the seizure of approximately 700 boxes of 2020 election documents.
During a hearing in Atlanta, attorney Abbe Lowell argued that the affidavit relied on claims from 11 witnesses that have been repeatedly debunked in other courts. One witness had been sanctioned twice for lying about election issues, while another was convicted of secretly recording people in his bathroom.
Election expert Ryan Macias testified that the evidence in the affidavit was 'nonsense', explaining that issues such as pristine unfolded ballots and double scanning were routine election processes. The legal question is whether the FBI agent had a duty to share exculpatory evidence and whether his failure to do so amounted to callous disregard.
The special agent in charge of the FBI's Atlanta field office resigned roughly a week before the raid, with no public explanation given. Lowell also noted former President Donald Trump's public comments about Fulton County's election, suggesting political bias in the prosecution.
Judge JP Boulee quashed a subpoena for the FBI agent's testimony, citing concerns about revealing sensitive information about the underlying criminal case. The Justice Department argued that the quality of the affidavit's claims was irrelevant to the legal standards for probable cause.
