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Fulton County Accuses DOJ of Misleading Judge in 2020 Ballot Search, Seeks Return

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County Claims FBI Omitted Critical Information in Warrant Application Fulton officials allege the Justice Department’s FBI application left out “serious” omissions, portraying intentional wrongdoing as routine human error to persuade the magistrate judge to issue the search warrant for 2020 election ballots [1]. The county asserts the affidavit failed to disclose that alleged election defects had already been investigated, thereby misleading the court [1]. By omitting these facts, the FBI allegedly compromised the warrant’s legal foundation [1].

Affidavit Relied on Inexperienced Witnesses and Prior Investigations Ignored The warrant affidavit cited witnesses who lack election‑administration experience or whose conclusions were speculative, undermining the probe’s credibility [1]. The filing notes the FBI did not inform the judge of credibility issues concerning these witnesses [1]. Additionally, the affidavit omitted information about earlier investigations that had already examined the alleged defects [1].

Judge Set Hearing to Determine Ballot Return Next Week The magistrate previously approved the warrant and later ordered the unsealing of the application, revealing the contested affidavit [1]. A federal judge will hear Fulton County’s request to return the seized ballots during a hearing scheduled for next week [1]. The outcome could dictate whether the ballots remain in federal custody or are restored to local officials [1].

Election Technology Expert Criticizes Affidavit’s Mischaracterizations Ryan Macias, a veteran election‑technology and security specialist, described the affidavit as containing “gross mischaracterizations of the facts of how elections work” [1]. Macias argued the document contradicts findings from prior investigations into the 2020 election [1]. His critique adds technical weight to the county’s claim that the affidavit misrepresented election processes [1].

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Timeline

Nov 2020 – Biden wins Georgia by roughly 12,000 votes after a hand recount, delivering the first Democratic victory in the state since 1992; courts and multiple audits uphold the result despite Trump’s fraud claims. [1]

Jan 2 2021 – Trump calls Georgia Secretary of State Brad Raffensperger demanding “11,780 votes” to overturn the outcome, exemplifying his unsubstantiated fraud narrative. [1]

Aug 2023 – Fulton County District Attorney Fani Willis indicts Trump and 18 co‑defendants for an alleged conspiracy to overturn Georgia’s 2020 election. [16,17,20,24]

Nov 2023 – A judge dismisses the Willis indictment, citing an appearance of impropriety due to the DA’s romantic relationship with a hired prosecutor. [16,17,20,24]

2024 – Georgia’s State Election Board, now with a conservative majority, issues subpoenas for 2020 ballots, stubs and digital files and seeks U.S. Attorney assistance, while independent monitors note marked improvement in election administration since 2020. [25,24]

2025 – Trump returns to the White House; a prior federal indictment against him ends after his inauguration. [1]

Dec 2025 – The Department of Justice sues Fulton County, demanding “all used and void ballots, stubs, signature envelopes and corresponding digital files” from the 2020 general election. [1]

Jan 28 2026 – FBI agents execute a court‑authorized search warrant at the Fulton County Election Hub in Union City, loading roughly 700 boxes of ballots, tabulator tapes, electronic images and voter‑roll data onto trucks for analysis in Virginia. [12,21,22,23,24,25,26]

Jan 28 2026 – Director of National Intelligence Tulsi Gabbard and FBI Deputy Director Andrew Bailey attend the raid, marking an unusual DNI involvement in a domestic election‑security probe. [12,25]

Jan 29 2026 – Fulton County Commissioner Mo Ivory posts on Instagram that agents are seizing about 700 ballot boxes, calling the operation “an assault on your vote.” [16]

Jan 30 2026 – Tulsi Gabbard writes to congressional Democrats that President Trump specifically asked her to attend and that she “accompanied” top FBI officials during the search. [11]

Jan 31 2026 – President Trump praises Gabbard on CNN, saying she is “working very hard to try to keep the election safe” and hinting that “interesting things” will emerge from the investigation. [10]

Feb 2 2026 – Fulton County officials announce they will file a motion in the Northern District of Georgia this week to contest the FBI’s warrant and demand the return of the seized ballots, invoking Federal Rule of Criminal Procedure 41(g). [9]

Feb 2 2026 – Commissioner Marvin Arrington Jr. demands the ballots be returned, calls for forensic accounting, and insists the seized documents remain sealed in Georgia. [9]

Feb 3 2026 – President Trump thanks the FBI agents via a speaker‑phone call arranged by Gabbard, delivering a brief “pep talk” without issuing investigative directives. [6,14]

Feb 3 2026 – White House Press Secretary Karoline Leavitt states Trump “tapped” Gabbard to oversee election sanctity and that she works “directly alongside the FBI director.” [5,6]

Feb 3 2026 – Deputy Attorney General Todd Blanche first claims he does not know why Gabbard was present, then later praises Trump’s frequent contact with law‑enforcement. [5,6]

Feb 3 2026 – Trump urges Republicans to “nationalize the voting” in Georgia during an interview with former FBI deputy director Dan Bongino, linking the call to the recent FBI raid. [7,8]

Feb 4 2026 – Fulton County files a sealed federal lawsuit demanding the return of the 700 boxes of ballots and seeking an order to unseal the warrant affidavit that justified the search. [13]

Feb 5 2026 – Conflicting accounts emerge about Gabbard’s role: Trump first lauds her “hard work” on election safety, then later says he “didn’t know” why she was there; Deputy Attorney General Blanche echoes uncertainty. [3]

Feb 5 2026 – Senate Intelligence Committee Democrat Mark Warner announces he will seek Gabbard’s testimony, accusing her of politicizing the intelligence community. [4]

Feb 6 2026 – Election‑technology expert Ryan Macias calls the FBI affidavit “gross mischaracterizations” of election facts, criticizing the warrant’s reliance on witnesses lacking expertise. [2]

Feb 17 2026 – Fulton County accuses the DOJ of omitting crucial facts in the warrant application, alleging the FBI misled the magistrate judge about prior investigations and witness credibility. [2]

Feb 18 2026 – A federal judge is scheduled to hear Fulton County’s request to return the seized ballots “next week,” reflecting the county’s legal challenge to the raid. [2]

Late Feb 2026 (upcoming) – House Oversight Chair James Comer expects in‑person depositions from Bill and Hillary Clinton in the ongoing Jeffrey Epstein investigation within the coming weeks. [7,8]

Nov 2026 (future) – Trump signals he will accept Republican losses only if the vote count is “honest,” framing his “nationalize the voting” push as preparation for the November 2026 midterm elections. [18]

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