Fulton County to Challenge FBI’s 2020 Election Records Seizure in Court Filing

Fulton County, Georgia, is preparing to contest the FBI’s recent seizure of 2020 election records. Commissioner Marvin Arrington Jr. has taken a firm stance against what he considers an unlawful search and has stated that the county’s legal team will file a challenge in federal court.

Legal Action Against the FBI

The expected motion will be submitted in the Northern District of Georgia. Arrington aims to compel the return of ballots and election materials that were seized during the FBI’s operation last Wednesday at the Fulton County election office, located near Atlanta.

Details of the Seizure

• The FBI seized approximately 700 boxes of election materials.
• This action is part of an investigation into alleged voter fraud during the 2020 presidential election.
• Arrington has requested that the county’s attorney utilize all available legal measures to challenge the search warrant.

In a statement, Arrington emphasized the belief that the search was improper. He expressed the need for measures to protect voter information. The county seeks to ensure that the election documents remain sealed within Georgia for forensic accounting.

Legal Framework for the Challenge

The motion will invoke Federal Rule of Criminal Procedure 41 (g), which permits individuals to demand the return of property they believe has been unlawfully seized. Arrington noted that, although the FBI had a court order to copy the records, they lacked the authority to take the original ballots and voter rolls.

“They got copies of our voter rolls and all the original ballots,” Arrington stated, highlighting concerns regarding the absence of a chain-of-custody inventory during the seizure process. This lack of documentation has raised doubts about the completeness and integrity of the returned materials.

Next Steps and Public Response

As Fulton County moves forward with its lawsuit, the FBI has not yet responded publicly to the anticipated legal action. An FBI spokesperson mentioned that the seized materials would be transferred to the FBI’s central Records Complex in Virginia.

This ongoing situation emphasizes the tension between state authorities and federal investigations regarding election integrity. With the legal challenge, Fulton County aims to assert its rights and maintain the security of the electoral process in Georgia.