A federal judge expressed significant reservations Friday during a high-stakes hearing over whether to compel the Department of Justice (DOJ) to return over 650 boxes of 2020 election records seized during a January FBI raid on a Fulton County warehouse.
U.S. District Judge J.P. Boulee, a Trump appointee, appeared unconvinced that alleged omissions in the FBI’s search warrant application justify an immediate order to return the materials. Despite expert testimony labeling the warrant “incoherent,” Boulee suggested that investigators must inherently “pick and choose” which details to include in affidavits.
Expert Denounces FBI Affidavit as “Misleading”
The hearing centered on the legitimacy of the Jan. 28, 2026, raid. Ryan Macias, an election technology expert with two decades of experience, testified that the FBI’s application was riddled with “incorrect and contradictory” information. Macias argued that the allegations—ranging from inconsistent ballot images to improper scanning—lacked a “basis in reality” and were often based on debunked theories.
“The information in there is not based in reality,” Macias told the court, asserting that the cited “deficiencies” were routine administrative errors already cleared by state investigators years ago.
Legal Limbo for Local Officials
Fulton County Superior Court Clerk Ché Alexander testified to the logistical and legal chaos following the seizure. Alexander stated that FBI agents refused her request to conduct a joint inventory of the 636-plus boxes during the raid, leaving her in a precarious legal position.
“I am under a court order to maintain records I do not have,” Alexander said, noting the raid broke the chain of custody she is sworn to protect.
The DOJ countered by playing 2023 footage of county lawyers suggesting they wanted to dispose of the 2020 records to make room for the 2024 cycle. DOJ attorney Peter Cooch argued the seizure essentially “did a favor” for the county by clearing warehouse space.
Political Undertones and Oversight
The investigation stems from a criminal referral by Kurt Olsen, President Trump’s current director of election security. Olsen has a history of attempting to overturn the 2020 results.
The raid’s political profile was further elevated by the presence of Director of National Intelligence Tulsi Gabbard, who recently confirmed to lawmakers she observed the operation at the President’s request.
Assistant Attorney General Tysen Duva defended the probe, acknowledging the agent “may have missed a thing or two” in the affidavit but maintained the investigation is ongoing. Duva dismissed the county’s Fourth Amendment claims as “speculative,” asserting the government has the right to pursue potential criminal misconduct.
Judge Boulee has not yet issued a final ruling.
