FBI’s justification for seizing Georgia’s 2020 ballots is unsealed, and it echoes claims long debunked

The FBI’s rationale for seizing all 2020 election ballots in Fulton County, Georgia, has been made public, and the justification relies largely on claims state and local officials have repeatedly rejected. The extraordinary action was authorized by a judge based heavily on allegations from conservative activists, according to court documents unsealed on Tuesday.

As highlighted by Politico, the newly unsealed affidavits outline the bureau’s reasoning for the sweeping seizure. The filings do not allege outcome-changing fraud but instead focus on alleged irregularities in how certain election records were handled, an issue that has intersected with broader political reporting that includes recent concerns over US pressure on Iran.

The affidavits were submitted by FBI Special Agent Hugh Evans to U.S. Magistrate Judge Catherine Salinas, who approved the seizure last month. They cite concerns about the retention of digital scans of paper ballots and aspects of the ballot tallying process.

The affidavits center on record retention, not outcome-changing fraud

Evans pointed to alleged departures from protocol, arguing they were sufficient to establish probable cause that two federal laws may have been violated. The potential crimes were attributed to “unknown persons,” and the filings do not present evidence that any irregularities were aimed at altering the outcome of a specific race. This procedural focus appears alongside other recent political news coverage, such as how social media backlash unfolded around the controversial tech ads.

In one affidavit, Evans wrote that if the deficiencies were intentional, they would violate federal law “regardless of whether the failure to retain records or the deprivation of a fair tabulation of a vote was outcome determinative for any particular election or race.” The two statutes cited include a felony covering voting fraud in connection with a federal election and a misdemeanor requiring the preservation of election records for at least 22 months after Election Day.

The investigation originated from a referral by Kurt Olsen, a lawyer who supported former President Donald Trump’s efforts to challenge the 2020 election results. The affidavits confirm the criminal probe began after Olsen raised concerns about Fulton County’s handling of election materials.

Fulton County officials have acknowledged that not all digital scans and tallies from the 2020 election were retained. However, they have said they were unaware that those specific digital records were required to be preserved and emphasized that the original paper ballots were maintained.

The affidavits also reference complaints from conservative activists, including Kevin Moncla, a Texas resident who has repeatedly filed fraud allegations with the Georgia State Election Board. U.S. District Judge J.P. Boulee allowed the names of certain non-government witnesses to be redacted in the public versions of the filings, though some activists are identifiable from the documents.