Fulton County Commissioner Marvin Arrington Jr. said the county has filed a motion in federal court seeking the return of 2020 election records, seized last week by the FBI.
Arrington said the county’s motion asks the federal court to: order the immediate return of all seized election materials, including any copies; temporarily prohibit the federal government from using the materials while the motion is pending, and place the matter on an expedited schedule, including a hearing on the scope of the warrant and the government’s conduct.
According to a Feb. 4 statement from Arrington’s office, Fulton County filed a motion in federal court shortly before 9 a.m. seeking the return of original 2020 election ballots and related records seized during the execution of a search warrant at the Fulton County elections headquarters in Union City, which is south of Atlanta.
The FBI seized approximately 656 boxes of original 2020 election records, according to the release.
Trump has long insisted that the 2020 election was stolen, repeating unproven claims and calling for the federalization of elections in some jurisdictions, including Fulton County.
Arrington, representing District 5, where the election’s hub is located, said he spearheaded the effort to finalize an emergency request for relief.
“This morning’s filing could not have come fast enough; justice delayed is justice denied,” Arrington said. “The people of Fulton County deserve justice now, and that’s why I pushed so hard to get this motion filed as soon as possible.”
The motion, which remains under seal at this time, challenges the legality and scope of the federal seizure and asks the court to restore the records to their lawful custodian.
Arrington said the motion was brought under Federal Rules of Criminal Procedure 41(g), a procedural tool allowing the return of property after an unlawful search or seizure, or when its continued retention serves no further purpose.
“I am happy that we have finally filed this motion,” said Arrington. “Last week, I asked the county attorney to take any and all steps available to fight this criminal search warrant. Actions like this mass seizure risk sowing seeds of distrust in the election process.”
