Atlanta, Georgia, February 3, 2026
Fulton County, Georgia, plans to legally contest the FBI’s recent seizure of its 2020 election records, claiming the action was unprecedented and improper. Commissioner Marvin Arrington Jr. stated concerns over the search warrant’s legitimacy and the absence of a proper chain of custody for the records. As the county prepares to file a motion to return the seized materials, this incident highlights the ongoing tensions surrounding electoral integrity and federal authority in the wake of the controversial 2020 election.
Atlanta, Georgia
In a development drawing careful attention to the mechanisms of electoral integrity, Fulton County, Georgia, is preparing to initiate legal proceedings to challenge the recent seizure of its 2020 general election records by the Federal Bureau of Investigation (FBI). This move, announced by Fulton County Commissioner Marvin Arrington Jr. on Monday, February 2, 2026, aims to compel the federal government to return the extensive collection of voting materials taken from the county’s election facilities last week. The county’s impending motion reflects a critical juncture in the ongoing discourse surrounding the 2020 election, underscoring the delicate balance between federal investigative authority and local governance of electoral processes.
The FBI executed a search warrant on Wednesday, January 28, 2026, at the Fulton County Elections Hub and Operations Center in Union City, a location situated near Atlanta. During this operation, federal agents took physical custody of hundreds of boxes containing vital records from the 2020 presidential election, including ballots, voter rolls, and ballot images. While Fulton County officials assert their compliance with the federal warrant, the nature and scope of the seizure have been described by local leaders as both unprecedented and improper. Commissioner Arrington Jr., a practicing attorney, expressed a belief that the search warrant itself may not have been entirely proper and specifically questioned the FBI’s authority to remove the original physical ballots and voter rolls, despite acknowledging that agents had authorization to create copies of such records. A significant concern articulated by the county is the potential inability to verify the complete return of materials due to an alleged absence of a proper chain-of-custody inventory at the time of the seizure.
The legal challenge anticipated from Fulton County will invoke Federal Rule of Criminal Procedure 41(g), a provision allowing individuals or entities aggrieved by an unlawful search or seizure to petition for the return of their property. The county has articulated a desire for the seized records to remain under seal within the State of Georgia, advocating for a forensic accounting of the materials and emphasizing the paramount importance of safeguarding sensitive voter information. The FBI has confirmed its execution of a “court-authorized law enforcement action” in connection with an ongoing investigation into the 2020 election. The federal warrant, signed by U.S. Magistrate Judge Catherine Salinas, referenced potential violations of federal statutes related to voter intimidation, election interference, and the legal requirement for election officials to retain federal election records for a period of 22 months. The precise underlying reasons motivating federal authorities to seek physical custody of these specific records at this time remain undisclosed.
Adding a layer of unusual governmental interaction to these events, Director of National Intelligence (DNI) Tulsi Gabbard was present during the FBI’s search last week. Gabbard later informed lawmakers in a letter that her attendance was at the request of President Donald Trump. Her communication also acknowledged facilitating a brief telephone conversation between President Trump and the FBI agents conducting the search, though she maintained that neither she nor the President issued any directives during this exchange. This explanation, detailing her presence at an active federal law enforcement operation, has drawn considerable scrutiny.
The FBI’s action in Fulton County has reverberated through the nation’s election administration circles, rekindling attention to allegations of widespread fraud in the 2020 election—claims that have been extensively investigated and largely debunked by numerous audits, state officials, and courts. Election experts across the country have voiced alarm regarding the implications of the federal seizure. Many state election officials, while expressing concern and apprehension, have simultaneously projected confidence in the established safeguards of their electoral processes, emphasizing their adherence to legal mandates and their commitment to conducting secure and accessible elections.
Within Georgia, the response to the raid has seen varied reactions. State-level Secretary of State Brad Raffensperger urged citizens to direct their focus toward forthcoming elections, rather than being drawn into what he termed “recycled accusations.” Concurrently, Republican state lawmakers are expected to introduce further proposals for changes to Georgia’s election laws. For some observers, the recent federal action is perceived as a continuation of efforts to influence future elections, including the 2026 midterms and the 2028 presidential election, by casting doubt upon past electoral outcomes in a critical swing state. Fulton County, a predominantly Democratic area, has historically been a focal point of criticism from President Trump concerning the 2020 election. As the legal challenge unfolds, it is a reminder of the intricate and often contentious interplay between legal process, political narrative, and the profound importance of public confidence in the integrity of democratic institutions.
Frequently Asked Questions (FAQ)
What is Fulton County, Georgia, planning to do?
Fulton County, Georgia, is preparing to initiate legal proceedings to challenge the recent seizure of its 2020 general election records by the Federal Bureau of Investigation (FBI).
What was seized by the FBI?
The FBI seized hundreds of boxes containing vital records from the 2020 presidential election, including ballots, voter rolls, and ballot images, from the Fulton County Elections Hub and Operations Center.
When did the FBI seizure occur?
The FBI executed a search warrant on Wednesday, January 28, 2026, at the Fulton County Elections Hub and Operations Center.
What are Fulton County’s primary concerns regarding the seizure?
Fulton County leaders acknowledge complying with the warrant but criticize the federal action as unprecedented and improper. Commissioner Marvin Arrington Jr. believes the search warrant was not proper and that the FBI did not have proper permission to take physical custody of original ballots and voter rolls, despite having authorization to copy records. Concerns also include the alleged absence of a chain-of-custody inventory at the time of seizure, which could complicate verifying the return of materials.
What legal basis will Fulton County use for its challenge?
Fulton County’s motion will be designed to compel the government to return the ballots using Federal Rule of Criminal Procedure 41(g), which allows a person aggrieved by an unlawful search or seizure to demand the property back.
What is the FBI’s stated reason for the search?
The FBI executed the search warrant as part of an investigation tied to the 2020 election, referencing potential violations of two federal laws: one involving voter intimidation and election interference, and another requiring election officials to retain federal election records for 22 months.
Was Director of National Intelligence (DNI) Tulsi Gabbard involved in the FBI search?
Yes, Director of National Intelligence Tulsi Gabbard attended the FBI search last week because President Donald Trump asked her to be there. She also facilitated a brief phone call between President Trump and FBI agents involved in the search, stating that neither she nor the president issued any directives.
Key Features of the Fulton County Election Records Seizure and Response
| Feature | Description | Scope |
|---|---|---|
| Location of Event | Fulton County Elections Hub and Operations Center, Union City, near Atlanta, Georgia | State-level |
| Date of FBI Seizure | Wednesday, January 28, 2026 | State-level |
| Items Seized | Hundreds of boxes of physical ballots, voter rolls, ballot images, and other 2020 election records | State-level |
| Fulton County’s Legal Action | Intends to file a motion challenging the legality of the seizure and compel the return of records | State-level |
| Legal Basis for Challenge | Federal Rule of Criminal Procedure 41(g) | Nationwide |
| FBI’s Stated Investigation Focus | Potential violations of federal laws related to voter intimidation, election interference, and record retention from the 2020 election | Nationwide |
| Involvement of DNI Tulsi Gabbard | Present during the FBI search at President Donald Trump’s request, facilitated a phone call between Trump and agents | Nationwide |
| Reaction from Election Officials | Concern and alarm among election experts nationwide; state officials projecting confidence in electoral safeguards | Nationwide |
| Georgia Secretary of State’s Stance | Urges focus on future elections, not “recycled accusations” | State-level |
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Author: STAFF HERE ATLANTA WRITER
The ATLANTA STAFF WRITER represents the experienced team at HEREAtlanta.com, your go-to source for actionable local news and information in Atlanta, Fulton County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as vibrant music festivals like Shaky Knees and Music Midtown, major cultural celebrations including Dragon Con and the Atlanta Film Festival, and iconic sporting events like the Peachtree Road Race. Our coverage extends to key organizations like the Metro Atlanta Chamber of Commerce and the Atlanta Convention & Visitors Bureau, plus leading businesses in logistics, beverages, and retail that power the local economy such as Delta Air Lines, The Coca-Cola Company, and The Home Depot. As part of the broader HERE network, including HEREAugusta.com and HERESavannah.com, we provide comprehensive, credible insights into Georgia's dynamic landscape.
