Fulton County FBI raid: Judge orders mediation between county, feds
FULTON COUNTY, Ga. - A federal judge has ordered Fulton County and the U.S. government into mediation in a dispute over the FBI’s seizure of approximately 700 boxes of the county’s 2020 election records.
What we know:
U.S. District Judge J.P. Boulee signed an order Wednesday directing the parties to select a mediator by March 4. If they cannot agree, the court will appoint one. Once a mediator is chosen, mediation must be completed by March 18, and the parties must report back to the court.
The 700 boxes of records were seized Jan. 28 during a raid in Fulton County by the FBI. The warrant affidavit cited five alleged "deficiencies or defects" in the 2020 election as the basis for taking the records.
Fulton County, the Fulton County Board of Registration and Elections, Board of Commissioners Chairman Robert L. "Robb" Pitts and Fulton County Clerk of Court Che Alexander filed a motion under Federal Rule of Criminal Procedure 41(g) seeking the return of the documents and any copies made of them. The county also sought to unseal the affidavit, which has since been made public.
What they're saying:
In court filings, the county argued the affidavit presented a "flagrantly misleading narrative" and described the seizure as unconstitutional. The county further contended the federal government was attempting to avoid judicial review and set a precedent that would allow unchecked interference in local election administration.
The government countered that Fulton County was not a proper party under Rule 41(g), arguing the records were seized from the clerk, not the Board of Commissioners. Prosecutors urged the court to dismiss the case for lack of jurisdiction and said the county’s motion was an attempt to "disrupt an ongoing federal criminal investigation." After that filing, the county clerk formally joined the case.
Judge Boulee noted that the parties "strongly dispute" whether the legal standards under Rule 41(g) favor returning the records. Under that rule, courts consider whether the government showed "callous disregard" for constitutional rights, whether the movant has a legitimate interest in the property, whether denial would cause irreparable harm and whether there is another adequate legal remedy.
In his order, Boulee emphasized that Rule 41(g) does not require an "all or nothing" outcome. Courts may return documents while allowing the government to retain copies for use in ongoing or future investigations. He cited prior rulings stating that the "spirit" of the rule "is one of compromise."
"Given that returning the property with conditions — rather than fully restricting access to the evidence — is the standard practice … the Court would like the parties to mediate this dispute," Boulee wrote.
He made clear that the court has not ruled on whether the election records must be returned and said mediation is appropriate before additional evidence is presented.
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What's next:
An evidentiary hearing that had been scheduled for Thursday, Feb. 27, has been postponed until further order of the court.