Fulton County Officials Challenge FBI Seizure of 2020 Election Records

County argues search warrant violated the U.S. Constitution and was used to circumvent a civil lawsuit

Feb. 22, 2026 at 5:23am

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Fulton County officials have filed an amended motion challenging the FBI's seizure of election records from the county's election hub in January. The county argues the search warrant used by federal investigators was "unprecedented in American history" and violated the Fourth Amendment, as it was not supported by probable cause and depended on unsubstantiated hypotheticals. The county is asking the court to immediately return all seized materials and verify what was taken.

Why it matters

This case highlights the ongoing tensions and legal battles surrounding the 2020 presidential election, with Fulton County officials alleging the FBI's actions were unconstitutional and intended to circumvent a civil lawsuit. The outcome could have implications for future investigations into election processes and the balance between law enforcement powers and voter privacy/integrity.

The details

In their motion, Fulton County officials argued the FBI affidavit used to justify the search warrant primarily described "human errors that its own sources confirm occur in almost every election," and omitted the fact that the conduct described was investigated and found to be unintentional. The county alleges the seizure was in "callous disregard" of the Fourth Amendment and was used mainly to "circumvent a pending civil lawsuit in which it requested the same records."

  • On January 28, 2026, FBI agents executed a search warrant at the Fulton County elections hub.
  • On February 18, 2026, Fulton County officials filed an amended motion challenging the seizure of election records.

The players

Fulton County

The county in Georgia that includes the city of Atlanta and was the subject of the FBI's search warrant and seizure of election records.

FBI

The Federal Bureau of Investigation, which executed the search warrant and seized election records from Fulton County as part of an ongoing criminal investigation.

Kurt Olsen

An attorney who served as President Trump's "director of election security and integrity" and referred the Fulton County investigation to the FBI.

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What they’re saying

“Despite years of investigations of the 2020 election, the Affidavit does not identify facts that establish probable cause that anyone committed a crime. Instead, FBI Special Agent Evans (the "Affiant") all but admits that the seizure will yield evidence of a crime only if certain hypotheticals are true.”

— Fulton County officials (cbsnews.com)

“Unsupported by probable cause and dependent on unsubstantiated hypotheticals, Respondent's seizure violated the Fourth Amendment.”

— Fulton County officials (cbsnews.com)

What’s next

The judge in the case will decide whether to order the FBI to return the seized election records to Fulton County.

The takeaway

This case highlights the ongoing legal battles and tensions surrounding the 2020 election, with Fulton County officials alleging the FBI's actions were unconstitutional. The outcome could set an important precedent for the balance between law enforcement powers and voter privacy/integrity in future election-related investigations.