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By Marni Rose McFall
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Fulton County, Georgia, said in a recent court filing that the Department of Justice’s election raid last month was “woefully short” of any evidence of wrongdoing or violation of the Constitution.
The filing, brought by multiple local agencies, including the Fulton County Board of Commissioners, Fulton County Board of Registration and Elections and Fulton County, is a motion for the return of seized property.
Newsweek has contacted the Department of Justice (DOJ) via an online contact form for comment.
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Why It Matters
Earlier this month, Fulton County went to federal court, seeking the return of ballots and other 2020 election records seized by the FBI from a warehouse near to Atlanta on January 28. About 700 boxes of ballots and other documents related to the 2020 election were taken by federal agents as part of an investigation into alleged voter fraud, led by Director of National Intelligence Tulsi Gabbard.
The search targeted records at the country’s main election facility and drew criticism from Democrats, who said that federal law enforcement was being used to pursue President Donald Trump’s political opponents. The president, his supports and allies have focused repeatedly on the county, which is heavily Democratic, since his narrow loss to Joe Biden in Georgia in the 2020 election.
Trump has argued that he wants to see fair and secure elections, and that this, in turn, is why he is seeking changes to how they are run.
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What To Know
Fulton County has taken the Trump administration to court over the seizure and demanded the return of the ballots. It has accused the administration of pushing the operation through despite having no evidence of wrongdoing.
The filing says that the search warrant was “unprecedented” and that it subjected Fulton County to an “improper and unjustified seizure of their property in violation of the Fourth Amendment.” It also describes the property as having been “improperly seized.”
Fulton County, which is home to the city of Atlanta, delivered Biden a decisive victory margin in the 2020 election. It since has been a frequent focus of Republican allegations of election mismanagement.
What People Are Saying
The legal filing reads, in part: “Allegations on the face of the affidavit fall woefully short of probable cause,” and states that “in seizing petitioners’ property by relying on a warrant that was entirely devoid of probable cause, Respondent callously disregarded Petitioners’ rights under the Fourth Amendment. This flagrant constitutional violation compels immediate equitable relief from this Court – namely an order requiring Respondent to return Fulton County’s original election records.”
Director of National Intelligence Tulsi Gabbard, on X on February 3: "Contrary to the blatantly false and slanderous accusations being made against me by Members of Congress and their friends in the propaganda media, the Office of the Director of National Intelligence has and will continue to take action under my statutory authorities to secure our nation and ensure the integrity of our elections.
What Happens Next
The federal government's investigation into the 2020 election continues.
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