New court filing slams Trump DOJ’s election raid as 'woefully short' on evidence

Fulton County, Georgia, has hit back against the Trump administration following the controversial election center raid last month, with Politico's Josh Gerstein reporting that a revised filing from the county accused the government of being "woefully short" on evidence of wrongdoing and violating the Constitution.

Near the end of January, FBI agents raided an election center in Fulton County, the most populous county in Georgia, and a major focal point for Donald Trump's false claims that voter fraud cost him the 2020 election. Agents gathered various records from the building, including 2020 ballots, as part of an investigation into long-debunked allegations of fraud in the state, which went for Joe Biden by a slim margin in the 2020 race. Critics have also alleged that the raid is intended to fabricate a pretext to allow the federal government to interfere with Georgia elections.

The county has since taken the administration to court over the incident, demanding that they return the ballots seized last month and accusing it of pushing through with the operation despite having no evidence of wrongdoing. A revised filing from Tuesday afternoon made that argument clear, as Gerstein explained in a post to X.

"Revised Fulton County demand for return of 2020 ballots seized by FBI calls evidence 'woefully short' of showing probable cause that a crime was committed," Gerstein wrote. "County says actions would have to be willful to be crimes & no claim/proof of that."

Within the new filing, the county alleged that the sworn affidavits submitted by FBI agents claiming there to be probable cause for the raid were lacking actual evidence, despite a judge later signing off on a warrant for the operation. It also accused the government of violating Fourth Amendment rights against "unreasonable search and seizure."

"In seizing Petitioners’ property by relying on a warrant that was entirely devoid of probable cause, Respondent callously disregarded Petitioners’ rights underthe Fourth Amendment," the county's petition argued. "This flagrant constitutional violation compels immediate equitable relief from this Court—namely, an order requiring Respondent to return Fulton County’s original election records, as well as any copies."

In response to another X user, Gerstein noted that "probable cause to believe a crime was committed" is necessary to get a search and seizure warrant.

Legal experts have previously weighed in on these affidavits after they were unsealed, expressing befuddlement as to how a judge could have signed off on a warrant in response to them. David Becker, the founder and director of the Center for Election Innovation and Research, told CNN last week that there was "nothing" in them that showed probable cause.

"I have no idea how it was signed off on," Becker said. "When I heard they were unsealing the affidavit, I was actually expecting — even though we knew there would be no actual reality of a crime there, those ballots have been counted multiple times — but I was wondering what the administration would use that was new, that would justify these claims... There was no allegation of intent, which is a necessary element of the crime. In fact, they admit there's no intent that's evident at all."