‘Our Constitution itself is at stake’: Fulton County officials challenge FBI’s seizure of 2020 election records

Fulton County in Georgia has filed a motion demanding that the federal government return all of the 2020 election files seized by the FBI during an extraordinary raid on the county’s main election operations center last week.

The motion wasn’t immediately made public because it was filed in a case currently under seal in federal court in Georgia, Robb Pitts, the chair of the Fulton County Board of Commissioners, said while announcing the new filing Wednesday. He added that the motion also seeks the unsealing of the affidavit supporting the search warrant the FBI used to raid the election hub.

“Last week, I committed to the voters of Fulton County — and the world, for that matter — that we would use every resource at our disposal to fight for their vote, and that we will fight using all resources against those who seek to take over our elections,” Pitts said.

“Our Constitution itself is at stake over this fight,” he added.

Fulton County officials, voting rights defenders, and Democrats have widely denounced the FBI’s unprecedented seizure of election materials as a major assault on American democracy. The raid has heightened fears of federal interference in the upcoming midterm elections. 

Local officials and legal experts have also questioned the legality of the search.

The FBI investigation into Fulton County stems from President Donald Trump’s years-long conspiracy theory-fueled campaign against the results of the 2020 election, which he lost. Trump has long called for criminal charges to be brought against those he believes wronged him in the election — in particular, election officials in Fulton County. 

Recent revelations about the raid also indicate the president is personally involved and heavily invested in the FBI’s investigation.

He personally directed Tulsi Gabbard, the U.S.’ top intelligence official, to take part in the search. Gabbard subsequently also arranged a phone call between the president and agents who carried out the search, during which Trump praised their actions. 

Pitts said he and the county’s attorney, Soo Jo, had been working on the motion “around the clock” since the raid “because this is a complicated case and we want to get it right.” 

While denouncing the president’s alarming recent comments about states’ constitutional authority to administer elections, Pitts said the FBI’s raid and the county’s challenge have “implications far beyond Fulton County, Georgia.”

Earlier this week, Trump urged Republicans to seize control of elections and place voting under national authority in at least “15 places.” Many of his allies in Congress quickly embraced his comments.

“In my opinion, we are the poster child here,” Pitts said of Fulton County.