Judge Lets DOJ Keep Georgia 2020 Ballots Despite Flawed FBI Search

A federal judge in Atlanta handed a significant victory to the Trump administration’s Justice Department Wednesday by allowing it to keep possession of more than 600 boxes of original 2020 election ballots seized from Fulton County, Georgia. The ruling comes amid the DOJ’s ongoing probe into alleged election irregularities, despite widespread debunking of such claims.

U.S. District Judge J.P. Boulee denied Fulton County’s request to have the ballots returned, concluding that while the FBI affidavit authorizing the January search contained flaws, those errors did not rise to the level of “callous disregard” for the county’s constitutional rights. “While the affidavit was certainly far from perfect, this is not a situation where an officer left out all the facts that might undermine probable cause or where an officer intentionally lied,” Boulee wrote in a detailed 68-page opinion.

The FBI’s search of Fulton County’s election center was based on allegations of “deficiencies or defects” in the 2020 vote, including missing digital ballot images and absentee ballots that were not folded as required. These claims echo the false narratives pushed by former President Donald Trump and his allies, who have relentlessly sought to undermine confidence in the 2020 election results.

Fulton County’s legal team argued the affidavit ignored crucial context, including prior investigations that found no intentional misconduct or fraud. An election expert testifying for the county described much of the affidavit’s evidence as stemming from misunderstandings about election procedures.

The investigation itself faces serious hurdles. DOJ lawyers have not named any specific targets and have not challenged assertions that the statute of limitations may have expired on the alleged offenses. The probe originated from a referral by Kurt Olsen, a lawyer linked to Trump’s efforts to overturn the 2020 election. Notably, Tulsi Gabbard, then director of national intelligence under Trump, attended the search—a rare move for an official focused on foreign threats.

Fulton County, a Democratic stronghold critical to Joe Biden’s 2020 victory in Georgia, has been a focal point for conspiracy theories about election fraud. This ruling effectively allows the DOJ to continue holding onto the ballots as it pursues an investigation widely seen as politically motivated and lacking credible evidence.

As Trump continues to stoke fears about election integrity ahead of the 2024 midterms, this court decision underscores how federal law enforcement resources are being used to legitimize debunked claims, threatening democratic norms and public trust in elections.