(WASHINGTON) — Lawyers for the Trump administration will face serious questions for the first time on Friday about the search and seizure of more than 650 boxes of 2020 election records from a Fulton County, Georgia, election site.
Fulton County officials have argued the FBI “intentionally or recklessly omitted material facts” about purported discrepancies in the 2020 election in Georgia to secure a warrant for the materials, and a federal judge is considering a request to force the Trump administration to return the sensitive records.
“Despite years of investigations of the 2020 election, the [search warrant] affidavit does not identify facts that establish probable cause that anyone committed a crime,” lawyers for the Fulton County officials wrote in court filing. “The Affiant failed to include facts — including from the very sources he cited — that shut the door on even the faintest possibility of probable cause.”
U.S. District Judge JP Boulee, a Trump appointee, scheduled a six-hour evidentiary hearing for Friday to determine whether the Trump administration showed “callous disregard” for constitutional rights by executing the controversial search earlier this year.
After election officials raised concerns about the basis for the January 2026 search, Judge Boulee last month ordered the Department of Justice to publicly release the application for the warrant, which revealed that the investigation was triggered by an attorney and close ally of President Trump who sought to overturn the results of the 2020 election.
According to the unsealed court records, the investigation centers on long-debunked allegations of voter fraud that have already been thoroughly investigated.
Fulton County election officials have since pushed for the return of the records, arguing that the investigation focuses on “human errors that its own sources confirm occur in almost every election … without any intentional wrongdoing whatsoever.”
“The Affidavit omits numerous material facts — including from the very reports and publicly-disclosed investigations that the Affiant cites — that confirm the alleged conduct was previously investigated and found to be unintentional,” attorneys for the Fulton County officials argued.
Lawyers for the Trump administration have pushed back on the request, highlighting that the search was approved by a magistrate judge and arguing that the lawsuit was a “way to get a sneak peek at ongoing criminal investigations.”
“Petitioners’ attempt to turn a semantic dispute into a deliberate falsehood (with no citation to any offer of proof on this issue) is beyond the pale. And given the other evidence, probable cause would easily exist without the County’s admissions,” DOJ lawyers argued in court filings.
In a late setback ahead of Friday’s hearing, Judge Boulee quashed an attempt to force the FBI agent behind the search warrant to testify, concluding that questioning the agent could reveal “process and scope of the DOJ’s investigation,” which remains ongoing.
President Trump has long criticized the outcome of the 2020 election results in Georgia, personally pushing to overturn the results after his loss and later being indicted in two criminal cases over his actions. Those cases have since been dismissed, and Trump has continued to push for criminal accountability for what he baselessly alleged was a stolen election.
Through a call with Director of National Intelligence Tulsi Gabbard — who was present at the January raid — President Trump personally addressed some of the agents who conducted the search and told them they were doing great work by investigating Georgia’s elections, ABC News previously reported.
“I was at Fulton County, sir, at the request of the president and to work with the FBI to observe this action that had long been awaited,” Gabbard told lawmakers earlier this month when asked about her presence at the search. “It is my role based on statute that Congress has passed to have oversight over election security to include counterintelligence.”
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