Fulton County Election raid: Federal court unseals FBI search warrant, affidavit

ATLANTA - The search warrants and a 20-page affidavit used to seize physical ballots and digital records at the Fulton County Election Hub last month have been released. The court document shows the FBI interviewed numerous people who have questioned the legitimacy of the 2020 election. 

Investigations by the Georgia Secretary of State’s Office and numerous lawsuits surrounding those claims have repeatedly found no evidence of intentional wrongdoing.

Fulton County Elections Hub raid warrants

What we know:

The investigation centers around a criminal investigation into potential voting law violations during the 2020 General Election.

In court documents unsealed Tuesday, the FBI revealed it is investigating whether "intentional acts" led to discrepancies in the count of 528,777 ballots in Georgia’s most populous county. The probe focuses on potential violations of federal laws governing the retention of election records and the undermining of a fair vote-counting process.

The investigation was sparked in part by a referral from the presidentially appointed Director of Election Security and Integrity. According to an affidavit filed by FBI Special Agent Hugh Raymond Evans, investigators are scrutinizing several "deficiencies" in the 2020 results:

Unfolded Ballots: Poll workers reported discovering batches of "pristine" absentee ballots that showed no signs of being folded or creased, a requirement for any ballot returned in a standard mailing envelope.

Missing Digital Receipts: Fulton County officials admitted to lacking scanned images for thousands of ballots counted during the original tally and subsequent recounts.

Statistical Anomalies: Data analysts identified "duplicate" ballot images where unique stray marks appeared on multiple files, suggesting some ballots may have been scanned more than once to make recount totals match.

The searches took place on Jan. 28 at the Fulton County Election Hub. Agents were authorized to seize all physical ballots, including absentee, provisional, and emergency votes, as well as "zero tapes" and closing reports from every voting machine used in the county.

One warrant specifically targeted an "access-limited" area of the warehouse controlled by the Clerk of the Superior Court, where records had been held under a previous state-level seal. 

Previous probes

The backstory:

While a previous state Performance Review Board concluded in 2021 that Fulton County’s processes were "sloppy" and "replete with chain of custody issues," that board found no evidence of fraud that would have altered the election’s outcome.

However, federal investigators say the seizure of these records is necessary to rule out criminal intent. "If these deficiencies were the result of intentional action, it would be a violation of federal law regardless of whether the failure... was outcome determinative," Agent Evans wrote in the affidavit.

RELATED: 

• Federal judge orders Fulton County election raid warrant unsealed
• Fulton County seeks return of 2020 election records seized by FBI
• State Democrats planning to file motion after FBI Fulton County raid
• Fulton County pushes back on FBI raid, sealed warrant released

Claims of retribution

Local perspective:

The search of the heavily Democratic county stirred immediate concerns among Democrats that Trump was marshaling the powers of the FBI and Justice Department to pursue retribution over his persistent claims of a stolen election and because of the unusual presence of Tulsi Gabbard, the country’s director of national intelligence. The affidavit makes no mention of any evidence of foreign interference in the 2020 election even though the possibility of such meddling has been a longstanding conspiracy theory among Trump supporters who question the vote count.

Democrat Joe Biden won Georgia by about 11,800 votes in an election overseen by a Republican secretary of state and certified by a Republican governor.

‘Recycled rumors’ in court documents

What they're saying:

Speaking shortly after the document's release Tuesday afternoon, Fulton County Chair Robb Pitts characterized the underlying accusations as "recycled rumors, lies, untruths, and unproven conspiracy theories." 

"Fulton County will fight," said Pitts. "We'll fight this with every resource that's at our disposal, and we will not stop fighting."

Pitts said the county is now reaching out to election officials in other major cities, including Philadelphia and Detroit, warning them that they may be the next targets in a broader federal effort. Officials expressed concern over what they described as a "national effort" to allow the federal government to run local elections.

"I'm not a constitutional lawyer by any means, but I do know that states run elections, not Congress and not the White House," the official stated. "The president is treating the Constitution... as if it were just a suggestion."

‘In every instance, we come up clean’

Dig deeper:

The unsealed affidavit appears to contain information that has been in the public domain for years. Observers noted that the case referral was reportedly made by a temporary government employee involved in "Stop the Steal" efforts in Arizona.

When asked if there was any doubt the investigation was politically motivated, the spokesperson replied, "None whatsoever." The official further criticized the "unusual" nature of the search, claiming that neither the county commission nor the county attorney were notified beforehand.

Fulton County has assembled a high-profile legal team to handle the fallout. These outside experts will assist the county attorney, who is currently reviewing the unsealed document "with a fine-tooth comb."

Despite the ongoing legal scrutiny, officials insist that the 2020 results remain valid. "Fulton County's 2020 elections... have been audited, have been hand-count under microscope. And in every instance we come up clean," the official said.

Georgia Secretary of State Brad Raffensperger echoed these sentiments in a statement, calling the investigation a waste of "time and tax dollars." He urged leaders to stop "trying to change the past with baseless and repackaged claims."

His full statement reads:

"As Secretary of State, I’ve made Georgia the safest and most secure place to vote. Instead of wasting time and tax dollars trying to change the past with baseless and repackaged claims, let’s focus our efforts on building a safer, more affordable future for all hardworking Georgians."

Legal perspective

Big picture view:

Gerald Griggs, who is not involved in the case, noted that the affidavit does not allege any ongoing criminal activity.

"If you are alleging a criminal conspiracy that has to be ongoing, and from what I saw in the affidavit, there’s no allegation that it’s ongoing," Griggs said. "So, I just don’t think that is enough legally here to, you know, mount a successful criminal prosecution."

What's next:

Federal authorities have requested that the supporting documents remain partially redacted to avoid tipping off "targets of the investigation" who may not yet be aware of the probe's scope.

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