Judge Rules DOJ Can Keep 2020 Ballots Seized from Georgia’s Fulton County Despite Constitutionality Concerns

In a ruling that underscores the Trump administration’s aggressive and unprecedented scrutiny of the 2020 election, U.S. District Judge J.P. Boulee decided Wednesday that the Justice Department does not have to return ballots and election materials seized from Fulton County, Georgia’s most populous and heavily Democratic county.

The FBI raided a warehouse near Atlanta on January 28, taking custody of ballots and related election records. Fulton County officials argued the seizure was improper and violated constitutional protections against unreasonable search and seizure. They demanded the immediate return of the materials and any electronic copies made by the government.

Judge Boulee acknowledged that the affidavit used to obtain the warrant was “defective in some respects” and contained “troubling” statements. However, he concluded that Fulton County failed to prove the government showed “callous disregard” for constitutional rights, nor did the county demonstrate it would suffer irreparable harm without the return of the documents. Notably, the Justice Department has provided Fulton County with copies of the seized materials.

The Justice Department claims it is investigating “irregularities” in the 2020 presidential election in Fulton County, citing potential violations of laws requiring election records to be preserved and prohibiting fraudulent ballots. These investigations come despite the fact that Georgia’s 2020 votes were counted three times—including a hand recount—and confirmed Joe Biden’s victory.

Fulton County Board of Commissioners Chairman Robb Pitts condemned the ruling, vowing to “vigorously pursue all available legal options” and standing firmly behind election workers and voters.

This seizure is part of a broader pattern of the Trump administration’s efforts to obtain election records from key swing states. The FBI subpoenaed records related to the 2020 election audit in Maricopa County, Arizona, and the Justice Department demanded 2024 election ballots from Wayne County, Michigan. These moves have sparked bipartisan concern that the administration is weaponizing federal law enforcement to target political opponents and meddle in upcoming elections.

Fulton County also recently sought to quash a grand jury subpoena demanding personal information about election workers and volunteers, calling it overly broad and a form of harassment.

The judge rejected the county’s theory that the Justice Department manufactured an “ongoing investigation” to bypass civil litigation hurdles, affirming that parallel civil and criminal probes are permissible.

As the Trump administration continues to pursue these aggressive election probes, critics warn that such tactics threaten democratic norms and privacy rights, undermining trust in the electoral system. Meanwhile, the Justice Department remains silent on the ruling, leaving unanswered questions about the scope and intent behind these controversial investigations.