Judge lets Justice Department keep seized Fulton County election records

Fulton County lost its bid to reclaim more than 600 boxes of 2020 election ballots and records after a federal judge ruled that the Justice Department could keep material seized from a warehouse near Atlanta. The decision preserves federal custody of approximately 656 boxes and gives investigators continued control over local election records from a county that became a central target of Donald Trump’s false fraud claims.

U.S. District Judge J.P. Boulee said in a 68-page ruling that the FBI’s search was not perfect, and he pointed to flaws in the warrant affidavit. But he concluded the problems did not rise to the level of callous disregard that would justify ordering the records returned. Boulee also said Fulton County had not shown irreparable harm because the Justice Department had already provided copies of the documents it took.

The search took place Jan. 28, 2026, at the Fulton County Election Hub and Operation Center in Union City, Georgia. The Justice Department said it was examining possible irregularities in Fulton County’s 2020 presidential election and potential violations of election-record retention laws, which require ballots and related records to be kept for 22 months and bar the procurement, casting or tabulation of false, fictitious or fraudulent ballots.

That legal rationale matters well beyond this one dispute. By allowing federal agents to keep the seized material, Boulee effectively reinforced the government’s ability to assert control over local election records when prosecutors say they are relevant to an investigation. County officials and election administrators nationwide are likely to read the ruling as a warning that records held at the local level can remain in federal hands long after the underlying election has been certified.

The stakes are heightened by Georgia’s 2020 election history. The state counted the presidential vote three times, including once by hand, and each count confirmed Joe Biden’s victory. The Georgia Secretary of State’s office said the risk-limiting audit showed the original machine count accurately portrayed the winner, and the certified statewide result put Biden ahead by 11,779 votes after the recount.

Fulton County Commission Chair Robb Pitts said he “strongly” disagrees with the ruling and intends to pursue legal options. Democratic state Rep. Saira Draper called the decision “unfortunate but not surprising,” warning that DOJ access to the ballots makes it harder to counter the “narrative of fraud.” Fulton County can still appeal, but for now the records remain in federal custody while the administration’s 2020-election fight continues.