Fulton County Disputes FBI's 2020 Election Probe, Seeks Return of Seized Records

Attorneys argue the FBI's search warrant application 'falls woefully short' of establishing probable cause of a crime.

Feb. 23, 2026 at 9:15pm

Officials in Fulton County, Georgia, are renewing their effort to have the 2020 election files seized from their election office last month returned, arguing that a recently unsealed search warrant application by the FBI 'falls woefully short' of establishing probable cause of a crime. Fulton County's attorneys claim the FBI agent behind the search warrant 'intentionally or recklessly omitted material facts' about purported discrepancies in the 2020 election and that the FBI's witnesses are unreliable.

Why it matters

The dispute over the FBI's investigation into the 2020 election in Georgia highlights the ongoing political tensions and legal battles surrounding the integrity of the electoral process. Fulton County's challenge to the FBI's actions could have significant implications for the agency's probe and the broader debate over alleged voter fraud.

The details

In a court filing, Fulton County's attorneys argued that despite years of investigations, the FBI affidavit 'does not identify facts that establish probable cause that anyone committed a crime.' They claim the affidavit omits 'numerous material facts' that confirm the alleged conduct was previously investigated and found to be unintentional. The attorneys also argued that the FBI's witnesses are unreliable and that the agency failed to disclose information that would discredit its own witnesses.

  • On January 28, 2026, FBI agents seized 700 boxes containing ballots and other materials associated with the 2020 election from Fulton County's Elections Hub and Operations Center after obtaining a search warrant.
  • Fulton County filed a motion earlier this month seeking the return of the records, and revised its request in light of the recently unsealed affidavit.

The players

Fulton County

The county in Georgia where the 2020 election files were seized by the FBI.

FBI

The Federal Bureau of Investigation, which obtained a search warrant and seized the 2020 election files from Fulton County.

Donald Trump

The former U.S. President who has repeatedly made baseless claims of voter fraud in the 2020 election, specifically in Georgia.

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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.”

— Fulton County attorneys

“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.”

— Fulton County attorneys

What’s next

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

The takeaway

The dispute over the FBI's investigation into the 2020 election in Georgia highlights the ongoing political tensions and legal battles surrounding the integrity of the electoral process. Fulton County's challenge to the FBI's actions could have significant implications for the agency's probe and the broader debate over alleged voter fraud.