Judge Dismisses Case Over Georgia Ballots Seized by Justice Dept.

Federal agents took control of 2020 election ballots from Fulton County, raising concerns about potential manipulation.

Published on Feb. 9, 2026

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A state judge in Georgia expressed frustration over the federal seizure of hundreds of thousands of ballots from the 2020 presidential election in Fulton County. The judge had planned to release copies of the ballots, allowing public access, but the federal seizure gave sole control to the Trump administration's Justice Department, which is filled with election deniers. The judge dismissed one case related to the ballots and paused another, saying he could not determine the ballots' current location.

Why it matters

The federal seizure of the Fulton County ballots raises concerns that the openly partisan Justice Department could manipulate the evidence from the 2020 election, which was affirmed by recounts and state Republican leadership. Democrats fear the department cannot be trusted, given its involvement with Trump's efforts to overturn the election results.

The details

Before federal agents seized the ballots, the state judge was preparing to release copies that would have allowed public access. But the seizure gave sole control to the Trump-era Justice Department, which is filled with election deniers. The judge dismissed one case and paused another, saying he did not know the ballots' current location, and suggested they may be in Missouri rather than Atlanta.

  • On January 28, federal agents seized the ballots from a Fulton County elections office.
  • On February 9, the state judge dismissed one case and paused another related to the ballot seizure.

The players

Robert C.I. McBurney

A state judge in Fulton Superior Court who has presided over litigation brought by Trump allies pushing conspiracy theories about the 2020 election.

Garland Favorito

An individual who has for years advanced unfounded claims of fraud in the 2020 election and was supportive of the federal raid on the Fulton election office.

Saira Draper

An Atlanta-area Democratic state representative who has been a critic of the FBI seizure of the ballots, saying federal agents should have taken copies instead of the original ballots.

Brian Kemp

The Republican governor of Georgia whose leadership, along with the secretary of state, defended the integrity of the 2020 election process in the state.

Brad Raffensperger

The Republican secretary of state of Georgia who defended the integrity of the 2020 election process in the state.

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What they’re saying

“We are left to hope that the bureau and the Department of Justice handle the ballots and related records with the care required to preserve and protect their integrity.”

— Robert C.I. McBurney, State Judge (New York Times)

“Now that they have the source of truth, they can manipulate it in any way.”

— Saira Draper, State Representative (New York Times)

What’s next

Fulton County officials have sued the Justice Department and are seeking the return of the ballots. A federal judge has ordered that documents related to Fulton County's challenge of the ballot seizure be unsealed on Tuesday, at the county's request, including the search warrant affidavit.

The takeaway

This case highlights the ongoing partisan battles over the 2020 election, with the federal seizure of ballots from a Democratic-leaning county raising concerns about potential manipulation by a Justice Department filled with Trump allies. It underscores the fragility of election integrity and the need for nonpartisan oversight to ensure the public can trust the electoral process.