Fulton County Georgia election case documents must be unsealed by Tuesday, judge rules

A federal judge has ordered the public release of key court records tied to the FBI's recent seizure of 2020 election materials from Fulton County.

In an order issued Saturday, U.S. District Judge J.P. Boulee directed the unsealing of the court docket and motions filed by County Commission Chairman Robb Pitts and the Fulton County Board of Registration and Elections. The judge also ruled that the U.S. Department of Justice must release the search warrant affidavit used to justify the FBI's search by the close of business Tuesday, after redacting the names of nongovernmental witnesses.

The ruling follows an emergency lawsuit filed by Pitts and county election officials seeking the return of nearly 700 boxes of election records taken during a federal search of Fulton County's elections headquarters in Union City last month. The case and related filings had initially been sealed.

Boulee wrote that both sides now agree the records should be made public and emphasized the importance of transparency in judicial proceedings. The order instructs the clerk of court to immediately unseal the docket and the county's motions, which include a request for the return of seized property and a motion to make the affidavit public.

The U.S. Department of Justice told the court it does not oppose releasing the affidavit or related documents, as long as private individuals' names are protected.

Fulton County officials moved swiftly to court after federal agents seized the records, arguing the action could undermine public trust in elections. Pitts has said the county was given no advance notice of the search and was not provided copies of what was taken.

"They showed up and took the boxes they wanted," Pitts said previously. "We don't even have copies of what they took. We don't know where they are or who has them, and that's a problem."

The county's emergency motion, filed under Rule 41(g) of the Federal Rules of Criminal Procedure, asks the judge to order the return of the original ballots and related records and to block the federal government from reviewing or using the materials while the case is pending.

Federal agents seized approximately 656 boxes of materials, according to the county. A warrant cover sheet shows agents were seeking 2020 general election ballots, tabulator tapes, electronic ballot images, and voter rolls.

County leaders have stressed the search does not indicate wrongdoing by election officials and say Fulton County has conducted 17 successful elections since 2020 without issue. Pitts has framed the legal fight as one with national implications, given the continued scrutiny of the 2020 election.