FBI probe of 2020 US election ‘not based in reality’
Georgia’s Fulton County attacked the credibility of the FBI’s investigation into the 2020 US election, calling on a judge to order the return of ballots seized by federal authorities following President Donald Trump’s false claims of “widespread voter fraud”.
At a hearing in Atlanta federal court on Friday, Fulton County attorneys put Ryan Macias, an election expert who advised the county in 2020, on the witness stand. He told the judge that the federal government’s evidence was “not based on fact.”
Macias said the affidavit an FBI agent used to obtain a search warrant at the county’s election headquarters in January “does not make sense” and was “based on witnesses who did not know how the election was conducted.”
The testimony was part of the county’s effort to convince U.S. District Judge J.P. Boulee that the seizure of more than 600 boxes of 2020 election ballots, approved by a magistrate judge, showed a “callous disregard” for his rights under the U.S. Constitution.
The search at the facility, attended by Director of National Intelligence Tulsi Gabbard, showed how the Trump administration assigned US law enforcement and intelligence officials to re-investigate his loss to Democrat Joe Biden.
Trump falsely claimed that his 2020 defeat was marred by large-scale voter fraud and raised doubts about the security of US elections ahead of the November midterm elections.
Boulee was skeptical of at least some of Fulton County’s claims and questioned whether the county needed original copies of the material.
He also noted that the FBI included some “contrary information” in the arrest warrant affidavit, including a summary of past reports that found no evidence of fraud or willful misconduct.
Boulee disputed Fulton County’s claim that the document did not contain important facts, asking, “How far does the affidavit have to go in containing information unfavorable to the FBI?” he asked.
Tysen Duva, chief of the Justice Department’s Criminal Division, argued that Fulton County faces a daunting legal hurdle in showing that the search was improper and did not clear up.
Duva dismissed Macias’ testimony as a “disagreement regarding the evidence” and emphasized that he was not involved in the FBI’s investigation.
“There is enough evidence in this affidavit to be valid,” Duva told the judge.
During the search, FBI agents seized a large amount of materials related to the 2020 election, including original 2020 ballots, at the county election headquarters in Union City, Georgia.
Officials cited allegations of “deficiencies or defects” in the 2020 voting, including allegations that some digital ballots were missing and some ballots were not folded properly.
The investigation began at the direction of Kurt Olsen, the lawyer who helped Trump’s attempts to overturn the 2020 election and has since been tasked by the White House to reexamine the vote.
Prosecutors cited possible violations of records retention laws and a law that criminalizes attempts to defraud or deprive citizens of a fair election.
During the hearing, the possibility of the Trump administration launching further investigations into this year’s midterm congressional elections emerged.
Abbe Lowell, a Fulton County attorney who represents scores of Trump foes being investigated by the Trump administration, warned that the Justice Department’s arguments could allow the federal government to “enter hundreds, if not thousands, of polling places” across the country.
Fulton County, a Democratic stronghold in a state hotly contested in the presidential election, became the center of conspiracy theories and allegations of fraud spread by Trump and his allies in the wake of the 2020 election.
Biden’s wide lead in Fulton County was key to swinging Georgia in the Democrats’ favor. The state swings back to Trump in 2024.
Australia’s Associated Press is the beating heart of Australian news. AAP is Australia’s only independent national news channel and has been providing accurate, reliable and fast-paced news content to the media industry, government and corporate sector for 85 years. We inform Australia.
