Judge Rules DOJ Can Keep 2020 Fulton County Ballots Despite Constitutional Concerns

In a ruling that underscores the Trump administration’s aggressive and controversial tactics surrounding 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 confiscated from Georgia’s Fulton County earlier this year.

The FBI seized these materials from a warehouse near Atlanta on January 28 as part of a criminal investigation into alleged “irregularities” during the 2020 presidential election in Georgia’s most populous and heavily Democratic county. Fulton County includes much of Atlanta, a city central to the baseless election fraud conspiracy theories that Trump and his allies have relentlessly pushed since the election.

Fulton County officials had argued the seizure violated constitutional protections against unreasonable search and seizure, demanding the immediate return of the ballots and any electronic copies made by the DOJ. They contended the raid was improper and politically motivated. But Judge Boulee rejected these claims, writing that while the affidavit supporting the seizure was “defective in some respects” and “troubling” in parts, the county failed to prove the government acted with callous disregard for its rights.

The judge also noted the county did not demonstrate that it would suffer irreparable harm without the return of the documents, especially since the DOJ has provided copies of the seized materials to local officials.

This ruling comes amid broader federal efforts by the Trump administration to access election records in key battleground states. The DOJ has subpoenaed voter data and election materials from places like Maricopa County, Arizona, and Wayne County, Michigan, raising alarms about potential harassment of election workers and political opponents.

Fulton County leaders condemned the decision, with Board of Commissioners Chairman Robb Pitts vowing to “vigorously pursue all available legal options” and affirming support for their election workers and voters.

Democrats and election experts have voiced deep concern that the Trump administration is weaponizing federal law enforcement to pursue personal political vendettas and undermine trust in the democratic process. Despite repeated recounts and audits confirming Joe Biden’s 2020 victory in Georgia, these investigations continue to fuel false narratives about election fraud.

Judge Boulee’s ruling reinforces that the Justice Department’s criminal and civil investigations can proceed in parallel, dismissing arguments that the administration is manufacturing investigations to circumvent legal hurdles. The case exemplifies how the post-2020 election landscape remains fraught with legal battles and efforts to delegitimize electoral outcomes—efforts that pose ongoing threats to democratic integrity.