When the FBI executed a warrant on Wednesday to grab data from the 2020 presidential vote in Fulton County, Georgia, it marked each a rare occasion within the historical past of American elections and a big escalation in President Donald Trump’s breaking of democratic norms, a number of authorized specialists mentioned.
Trump has lengthy claimed, with out proof, that the 2020 election was stolen from him and blamed Georgia, specifically, for his loss to Joe Biden. After the election, he famously made a name pressuring the secretary of state to “discover” him sufficient votes to win. A few week in the past, in a speech on the World Financial Discussion board, Trump as soon as once more referred to as the 2020 election “rigged” and promised, “Individuals will quickly be prosecuted for what they did.”
The warrant served on the Fulton County election middle sought ballots, tabulator tapes, digital information and voter rolls, which it alleged would possibly represent “proof of the fee of a felony offense.” It cited stiff felony penalties associated to “the procurement, casting, or tabulation” of fraudulent ballots.
“I’m not conscious of one thing like this occurring ever earlier than,” mentioned Rick Hasen, a professor on the regulation faculty of the College of California, Los Angeles. “The concept federal officers would seize ballots in an try and show fraud is very harmful on this context after we know there isn’t a fraud as a result of the Georgia 2020 election has been extensively counted, recounted and investigated.”
Trump and his allies filed over 60 authorized circumstances throughout the nation in search of to overturn the 2020 election outcomes — all of which failed, even these earlier than Trump-appointed judges.
“This simply appears to be like like a manner to make use of the would possibly of the federal authorities to additional Trump’s voter fraud narratives,” Hasen mentioned.
An FBI spokesperson declined a request for remark besides to say that the bureau “is conducting court-authorized regulation enforcement exercise. No different info is obtainable right now.”
At a press convention, Fulton County Fee Chair Robb Pitts mentioned that the ballots had been “protected” within the county’s custody and defended its dealing with of the election as truthful and correct. However now that the ballots had been seized, he mentioned, the county “can now not fulfill … that these ballots are nonetheless safe.”
Mo Ivory, a Democratic Fulton County commissioner, arrived on the scene shortly after the FBI brokers and mentioned that when an error on the warrant was corrected, they backed up strains of vans to the elections warehouse and spent hours carting away containers of ballots and different supplies. The search started within the morning and was nonetheless going properly previous dusk.
“This isn’t reputable. That is Donald Trump’s obsession with dropping the 2020 election,” Ivory mentioned. “That is his solution to sow doubt that Fulton County doesn’t maintain correct elections.”
Fulton County — which covers a lot of the Democratic-stronghold of Atlanta — has lengthy been the goal of makes an attempt to name into query its election programs as a solution to solid doubt on the legitimacy of the 2020 vote.
Within the rapid aftermath of the election, Trump’s lawyer Rudy Giuliani accused election employees of rigging the vote with suitcases of ballots in his arguments to overturn the election — claims that had been rapidly debunked and for which he misplaced a virtually $150 million defamation lawsuit introduced by two of the employees.
However this didn’t finish the deal with the county by Trump’s allies, who inundated it with hundreds of voter registration challenges and continued to make claims of voter fraud, as ProPublica has reported.
The Fulton County Board of Elections grew to become a battleground, as soon as the Republican Occasion appointed Julie Adams to it. Adams, ProPublica has reported, performed a key position in attempting to vary guidelines round certifying elections in Georgia that would have allowed activists to dispute a Trump loss in 2024. (Adams didn’t reply to questions from ProPublica for these articles.)
Prematurely of the 2024 election, right-wing activists additionally pressured out a average conservative on the Georgia State Election Board, tilting its steadiness of energy. Its new MAGA majority — which Trump praised by title at a rally as “pit bulls preventing for honesty, transparency and victory” — started relitigating the 2020 election. In October 2024, the State Election Board voted to situation subpoenas for 2020 supplies, together with ballots.
As soon as Trump returned to the White Home, state and federal officers mixed to stress Fulton County to hand over 2020 voting supplies.
Within the months after the State Election Board handed a decision suggesting the Justice Division ought to intervene, Lawyer Normal Pam Bondi despatched letters to Fulton County officers demanding data and citing “anomalies” in counting votes through the 2020 election, in line with a courtroom submitting.
Fulton County Clerk Ché Alexander didn’t reply, and in December the U.S. Division of Justice sued her.
In a courtroom submitting, Alexander mentioned that the federal authorities had no proper to the ballots and paperwork, which had been below seal due to ongoing circumstances associated to the 2020 election.
Alexander mentioned that if Bondi may “establish a reputable foundation” for accessing the 2020 election supplies, then she ought to search an order from a Fulton County Superior Courtroom choose to unseal them.
On Wednesday, brokers sporting tactical vests and jackets studying “FBI Proof Response Workforce” arrived with a warrant. Shocked officers regarded on because the containers had been paraded away.
Ivory, the Fulton County commissioner, mentioned that whereas county officers had complied with the warrant, they anticipated to problem the administration’s actions in courtroom.
“We’ve assembled a workforce to battle again in opposition to this,” Ivory mentioned. “We’ll see what occurs. The authorized maneuvers are occurring proper now.”
Specialists mentioned the motion in Fulton County had triggered fears of federal interference on this yr’s midterm elections.
“It’s a dramatic escalation within the Trump administration’s efforts to broaden federal management over our nation’s traditionally state-run election infrastructure,” mentioned Derek Clinger, a senior counsel on the State Democracy Analysis Initiative, an institute on the College of Wisconsin Legislation College.
