FBI election probe lacks ‘faintest possibility of probable cause,’ Fulton County says in court filing

(FULTON COUNTY, Ga.) — 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 falls “woefully short” of establishing probable cause of a crime. 

In a court filing Tuesday, attorneys for Fulton County argued that the FBI agent behind the search warrant application “intentionally or recklessly omitted material facts” about purported discrepancies in the 2020 election in Georgia, after the Justice Department last week released the sworn affidavit that was the basis for the search warrant.

“Despite years of investigations of the 2020 election, the Affidavit does not identify facts that establish probable cause that anyone committed a crime,” Tuesday’s filing from Fulton County said. 

FBI agents on Jan. 28 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. President Donald Trump has repeatedly made baseless claims that there was voter fraud in the 2020 election, specifically in Georgia, despite Georgia officials auditing and certifying the results and courts rejecting numerous lawsuits challenging the election’s outcome.

FBI Special Agent Hugh Raymond Evans said in the sworn affidavit that following the 2020 election “there were many allegations of electoral impropriety relating to the voting process and ballot counting in Fulton County, Georgia” and that “Some of those allegations have been disproven while some of those allegations have been substantiated, including through admissions by Fulton County.”

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. They argue that the FBI’s investigation focuses on “human errors that its own sources confirm occur in almost every election … without any intentional wrongdoing whatsoever.”

“The Affidavit omits numerous material facts — including from the very reports and publicly-disclosed investigations that the Affiant cites — that confirm the alleged conduct was previously investigated and found to be unintentional,” the filing said. 

Attorneys also argued that the FBI’s witnesses are unreliable and that the FBI failed to disclose information that would discredit its own witnesses. 

“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,” the filing said. 

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