US DOJ files suit against Fulton County Court Clerk

DOJ wants Fulton Clerk to hand over 2020 ballots

The U.S. Justice Department has filed a lawsuit against Fulton County Court Clerk Che Alexander, accusing him of violating federal law by failing to produce 2020 election records. Alexander says the requested records are sealed under a court order.

FULTON COUNTY, Ga. - The U.S. Justice Department has filed a lawsuit against Fulton County Court Clerk Che Alexander, accusing him of violating federal law by failing to produce 2020 election records. Alexander says the requested records are sealed under a court order.

What we know:

The U.S. Department of Justice wants Fulton County voters’ ballots from the 2020 election and has filed a federal lawsuit in Atlanta to obtain them.

The Justice Department alleges Fulton County Superior Court Clerk Che Alexander failed to turn over numerous records, including absentee ballot signature envelopes and digital files, in violation of federal law.

What they're saying:

"They have to have reasons and allegations," said Darryl Cohen, a former Fulton County prosecutor. "I don’t believe Alexander violated federal law, but that’s for a court to decide."

The documents the DOJ seeks are sealed under court order. Cohen said the Justice Department would have to clear multiple legal hurdles to get the voting records unsealed. When asked whether the Justice Department has any right to those records, Cohen said, "If they can show there was a violation of federal law, they do."

Assistant Attorney General Harmeet K. Dhillon issued a statement: "States have the statutory duty to preserve and protect their constituents from vote dilution.

"At this Department of Justice, we will not permit states to jeopardize the integrity and effectiveness of elections by refusing to abide by our federal elections laws. If states will not fulfill their duty to protect the integrity of the ballot, we will."

Ballots are confidential, Cohen said, and disclosing such records could breach that confidentiality. "Asking for those documents, asking for the signatures on absentee ballots, that is violating your right to privacy," Cohen said.

"They would need to follow some sort of process to have them unsealed or released under a protective order that concurrently meets the requirements of the judge who sealed it," said Joshua Schiffer, a trial lawyer and political analyst.

All of this centers on President Donald Trump’s unproven claim that voter fraud in Fulton County cost him the 2020 election. Numerous investigations found no evidence of intentional misconduct, and two recounts reconfirmed the results.

"There’s been so much scrutiny on this election. Absent some new evidence, I don’t believe the Justice Department has much of a leg to stand on," Schiffer said.

"I don’t believe many people in Georgia are going to be happy about having the federal government step in and interfere with what is an inherently local issue. At the same time, there are enormous national political pressures being brought by the administration involving the 2020 election," Schiffer said.