Judge Refuses to Force DOJ to Return Seized 2020 Ballots from Fulton County

A federal judge on Wednesday refused to compel the Justice Department to return ballots and hundreds of boxes of 2020 election materials seized from Fulton County, Georgia. The county had sought the return of these items days after an FBI search in late January, arguing the seizure was based on a misleading affidavit and violated public records laws.

Judge JP Boulee acknowledged the extraordinary nature of the case, calling the events “unprecedented,” and described parts of the FBI affidavit as “problematic,” “troubling,” and even “misleading.” Yet he ultimately ruled that the county failed to meet the high legal standard required to intervene. Boulee found that while the affidavit was far from perfect, it did not amount to intentional deception or a complete omission of facts that would undermine probable cause.

The affidavit leaned heavily on debunked election fraud allegations that have long circulated in far-right circles and were previously investigated with no evidence of intentional wrongdoing in Fulton County’s 2020 election. Although the FBI did not include all prior probe results in the warrant application, the judge noted that the magistrate was provided with information undermining key claims.

Fulton County officials criticized the ruling sharply. Board of Commissioners Chair Robb Pitts called the affidavit “flawed” and the federal actions “suspicious,” vowing to pursue all legal options. The county also warned that allowing the seizure to stand could set a dangerous precedent for federal interference in future elections, especially with the 2026 midterms looming.

Judge Boulee appeared to leave the door open for a different legal outcome if ballots were seized during an active election, emphasizing that the 2020 seizure did not impede certification or future election administration.

This case highlights a broader pattern of federal encroachment into election processes under the Trump administration, driven by baseless fraud claims that continue to undermine trust in democratic institutions. As the nation approaches another critical election cycle, the stakes for safeguarding election integrity and resisting authoritarian overreach have never been higher.