FBI Document Unveils Insights on Fulton County Elections Office Search
Last month, FBI agents executed a search warrant at a Fulton County elections office, seizing materials linked to the contentious 2020 election. The unsealed affidavit, authored by an FBI agent, outlines the legal rationale behind this operation.
The investigation stems from allegations of improprieties surrounding the 2020 election in Fulton County, with the affidavit stating that the inquiry seeks to determine whether these alleged actions constituted intentional violations of federal law. Notably, this investigation was initiated following a referral from an attorney involved in efforts to overturn the election results.
Within the affidavit, five specific "deficiencies or defects" regarding the election process were highlighted. These included discrepancies in the number of scanned ballot images, instances of ballots being scanned multiple times during recounts, and inconsistencies found during audits. Auditors also reported counting absentee ballots that appeared unmarked, raising questions about their authenticity.
Despite ongoing scrutiny, Georgia's state officials, including the Republican governor and secretary of state, have consistently defended the integrity of the 2020 election. They emphasize that three separate counts confirmed Joe Biden's victory over Donald Trump in the state, which remains a pivotal Democratic stronghold.
The FBI's search on January 29 targeted ballots and records from the 2020 election. In response, Fulton County Commission Chairman Robb Pitts and the Board of Registration and Elections filed an emergency lawsuit demanding the return of over 650 boxes of seized materials. They requested that all original documents be returned and sought a court order to prevent the government from reviewing any copies until the matter is resolved.
U.S. District Judge J.P. Boulee has ordered that court documents related to this case be unsealed by Tuesday, including motions for the return of documents and the full affidavit supporting the search warrant.
The investigation traces back to a referral from Kurt Olsen, identified by the FBI as a "Presidentially appointed Director of Election Security and Integrity." Olsen previously worked with Texas Attorney General Ken Paxton in attempts to challenge the election results in 2020.
In 2022, Olsen was subpoenaed by the House January 6 Committee regarding his communications with high-level officials at the Department of Justice about contesting election results. The committee noted that he had multiple discussions with Trump on January 6, 2021.
The FBI's search warrant sought "all physical ballots" from Fulton County's 2020 election, along with tapes from vote-tabulating machines and voter rolls. The affidavit indicates that potential violations of two federal laws are under investigation: one prohibits election officials from intimidating voters or submitting fraudulent ballots, while the other mandates retention of federal election records for 22 months.
A federal magistrate judge signed off on the search warrant after authorities demonstrated probable cause. Thomas Albus, interim U.S. attorney for the Eastern District of Missouri, is leading the Justice Department's court proceedings in this case, although it remains unclear why he is overseeing it instead of a local attorney.
Previously, in December, the Justice Department filed a civil lawsuit against Fulton County's clerk of courts to compel the release of 2020 election-related documents, alleging noncompliance prior to the lawsuit. The county has sought to dismiss this suit, arguing that there was no legitimate basis for obtaining these records.
David Becker, executive director of the Center for Election Innovation and Research, criticized the FBI affidavit as "pretty weak," expressing disappointment over its failure to provide substantial justification for seizing election records from an event that occurred over five years ago.
He pointed out that the affidavit did not allege "election theft" nor did it establish any foreign connections that might explain why Director of National Intelligence Tulsi Gabbard was present during the search. Becker concluded that the government's claims largely pointed to "human error" during a challenging election night amid a global pandemic—errors he argued did not affect the election outcome.
