Judge Clears DOJ to Keep Fulton County 2020 Ballots Despite Constitution Concerns

The Justice Department scored a legal win Wednesday as U.S. District Judge J.P. Boulee ruled the federal government may keep the 2020 election ballots seized from Georgia’s Fulton County. The seizure, executed by the FBI in January at a warehouse near Atlanta, targeted election materials in the state’s most populous and heavily Democratic county — a flashpoint for baseless claims of widespread fraud that Trump and his supporters have repeatedly pushed.

Fulton County lawyers had demanded the return of the ballots and any electronic copies, arguing the FBI’s seizure was improper and violated the Fourth Amendment’s protections against unreasonable search and seizure. They also claimed the county’s rights were disregarded through a lack of probable cause and questionable execution of the warrant.

Judge Boulee acknowledged the seizure “was certainly not perfect” but found that Fulton County failed to prove its constitutional rights were callously ignored. He also noted the county did not demonstrate it would suffer irreparable harm without the return of the documents, especially since the Justice Department had provided copies.

The Justice Department’s investigation centers on alleged “irregularities” during the 2020 presidential election in Fulton County, citing potential violations of laws requiring election records to be maintained for 22 months and prohibiting fraudulent ballots. Yet Georgia’s 2020 votes were counted three separate times, including a hand recount, each affirming Joe Biden’s win.

This ruling is part of a broader pattern of the Trump administration’s aggressive efforts to obtain election records from key swing states. The FBI subpoenaed election audit documents in Maricopa County, Arizona, earlier this year, and the Justice Department demanded ballots from Wayne County, Michigan, for the 2024 election. These moves have sparked alarm among Democrats and election officials who warn the administration is weaponizing law enforcement to target political opponents and undermine trust in elections.

Fulton County is also fighting a Justice Department subpoena seeking names and contact details of election workers, calling it overly broad and a tactic to intimidate those involved in administering the 2020 election.

The Trump administration insists these investigations aim to protect election integrity and address past problems. But critics see a dangerous pattern of federal overreach and politicization of the Justice Department, threatening democratic norms and voter confidence as the midterms approach.

This ruling allows the DOJ to keep a key piece of evidence in its ongoing probe, underscoring the tense battle over election accountability and the rule of law in the Trump era.