Georgia's Fulton County files motion seeking return of 2020 election materials seized by FBI

Georgia

Georgia's Fulton County files motion seeking return of 2020 election materials seized by FBI

Fulton County filed a sealed motion demanding return of 656 boxes of election materials taken from a warehouse by federal authorities

Louis Casiano

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Louis CasianoFox News

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February 4, 2026 12:58pm ESTclose FBI Director Kash Patel speaks out on agents seizing Fulton County election records Video

FBI Director Kash Patel speaks out on agents seizing Fulton County election records

Fox News correspondent David Spunt has the latest on the FBI's explanation for the seizure of election records in Fulton County, Ga. with a preview of Kayleigh McEnany's interview with Patel on 'Jesse Watters Primetime.'

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Fulton County officials in Georgia filed a motion Tuesday seeking the return of 2020 ballots and other documents that were seized last week by the FBI from a warehouse.

The motion, which remains under seal, asks a federal court to compel the return of court to return around 656 boxes of original 2020 election materials. 

A warrant cover sheet provided to the county includes a list of items that the agents were seeking related to the 2020 general election: all ballots, tabulator tapes from the scanners that tally the votes, electronic ballot images created when the ballots were counted and then recounted, and all voter rolls.

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FBI agents in Fulton County

FBI officers are seen at the Fulton County Election Hub and Operation Center, Wednesday, Jan. 28, 2026, in Union City, Ga, near Atlanta. Fulton County officials have filed a motion seeking to have the 2020 elections materials seized by the FBI returned.  (AP Photo/Mike Stewart)

"This morning’s filing could not have come fast enough; justice delayed is justice denied," said Fulton County Commissioner Marvin Arrington, whose district includes the elections headquarters. "The people of Fulton County deserve justice now, and that’s why I pushed so hard to get this motion filed as soon as possible."

The motion also asks the court to enjoin the federal government from accessing, searching, relying on, reviewing, or otherwise using the materials while the motion is pending.

The FBI search took place Jan. 28 at Fulton County’s main election facility in Union City, near Atlanta, and focused on records connected to the 2020 general election, Fox Atlanta reported. 

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The Fulton County Election Hub and Operation Center,

The Fulton County Election Hub and Operation Center, is seen Wednesday, Jan. 28, 2026, in Union City, Ga, near Atlanta, as FBI agents search at the main election facility.  (AP Photo/Mike Stewart)

A warrant cover sheet provided to the county lists items agents sought, including ballots, tabulator tapes, electronic ballot images and voter rolls.

The heavily Democratic Fulton County has come under scrutiny following President Donald Trump's 2020 election loss to former President Joe Biden. Biden carried Georgia, but Trump has insisted that widespread voter fraud contributed to him losing the state. 

"The president himself and his allies, they refuse to accept the fact that they lost," County Commission Chairman Robb Pitts said Wednesday. "And even if he had won Georgia, he would still have lost the presidency."

Pitts defended the county’s election practices and said Fulton has conducted 17 elections since 2020 without any issues.

"This case is not only about Fulton County. This is about elections across Georgia and across the nation," Pitts said, citing comments by Trump earlier this week on a podcast where he called for Republicans to "take over" and "nationalize" elections. White House spokesperson Karoline Leavitt has said the president was referring to legislative efforts.

FBI searches Fulton County election office in Georgia linked to 2020 election Video

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Last month, while at the World Economic Forum in Davos, Switzerland, Trump called for prosecutions related to the 2020 election. 

"People will soon be prosecuted for what they did," he said. 

Fox News Digital has reached out to the Justice Department. The FBI declined to comment on the matter. 

Fox News Digital's Madison Colombo and The Associated Press contributed to this report. 

 

Louis Casiano is a reporter for Fox News Digital. Story tips can be sent to louis.casiano@fox.com.

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