Fulton County Officials Challenge FBI Search Warrant Affidavit in 2020 Election Investigation

Fulton County officials filed a court motion on Tuesday alleging that the search warrant affidavit used by the Federal Bureau of Investigation (FBI) to conduct a raid on a county election facility failed to establish probable cause and relied on testimony from biased witnesses regarding the 2020 presidential election. The filing represents the county’s latest legal effort to reclaim materials seized by federal agents, which include the original copies of the county’s 2020 election records.

The motion specifically targets an affidavit signed by FBI Special Agent Hugh Raymond Evans, which was unsealed last week following a Department of Justice compliance with a court order. According to the court filing, the affidavit indicated that the bureau’s search was predicated on an investigation into potential “deficiencies or defects” in the county’s handling of the 2020 election and whether vote tabulation procedures violated record retention rules or federal laws.

In the new filing, county officials argue that the affidavit relied on “a smorgasbord of witness speculation” and omitted material facts that would have questioned the credibility of those sources. The motion cites “Witness 7” in the affidavit, whom officials identify as likely being Kevin Moncla, a figure whose claims regarding the 2020 election have been rejected by state authorities. The filing notes that the FBI did not disclose that this witness had reportedly been referred to the bureau in 2023 for alleged threats against state officials.

Fulton County argues that the affidavit failed to meet the Fourth Amendment standard of probable cause, contending that Agent Evans described common human errors rather than intentional criminal conduct. The officials asserted that the investigation was “dependent on unsubstantiated hypotheticals” rather than objective facts demonstrating that a crime had been committed. “The Fourth Amendment demands ‘probable cause’—not ‘possible cause,’” the filing stated.

Supporting the county’s motion is a declaration from Ryan Macias, a former official with the U.S. Election Assistance Commission and an expert in election technology. In his statement, Macias asserted that the omissions and misstatements in the affidavit reflected “gross mischaracterizations of the facts of how elections work” and contradicted findings from prior investigations into the November 2020 election in Fulton County.

Separately, civil rights organizations, including the NAACP and the Lawyers’ Committee for Civil Rights Under Law, filed a request with the federal court on Monday. These groups are seeking to protect the personal information of voters contained within the seized materials, asking the court to restrict the government’s use of the data solely to the stated criminal investigation.

It is important to note that the investigation is ongoing, and all individuals involved in the inquiry are presumed innocent until proven guilty in a court of law.

Legal and Procedural Implications

The legal challenge by Fulton County highlights a significant jurisdictional and procedural dispute regarding the oversight of election administration. By contesting the basis of the warrant, county officials are testing the evidentiary thresholds required for federal intervention in local election management. The outcome of this motion may establish important precedents regarding the scope of federal investigative powers when examining administrative errors versus criminal intent in election procedures, as well as the admissibility of witness testimony from politically active sources in obtaining search warrants.