A federal judge in Georgia has ruled that President Trump’s Department of Justice does not have to return over 600 boxes of 2020 election ballots and records seized from Fulton County by the FBI.
U.S. District Judge Jean-Paul Boulee issued his ruling on May 6, denying Fulton County’s formal motion to compel the government to hand back the physical materials. The county had argued that digital copies were sufficient and that retaining the originals caused irreparable harm, but the court found no basis for such claims.
The case is now closed, with the original records remaining in federal custody while the DOJ investigation continues. On January 28, 2026, after obtaining a search warrant approved by a U.S. magistrate judge, the FBI seized over 600 boxes of Fulton County’s 2020 election records from an election warehouse. Fulton County officials, including Board of Commissioners Chairman Robert L. “Robb” Pitts, the Fulton County Board of Registration and Elections, and Clerk of Court Che Alexander, filed an emergency Rule 41(g) motion for return of property, which they later amended on February 17.
Judge Boulee held an evidentiary hearing and received additional evidence and supplemental briefing before ruling. Applying the Richey equitable-jurisdiction test, the court required Fulton County to demonstrate callous disregard for its constitutional rights, a genuine need for the original materials rather than copies, irreparable injury if the originals stayed with the government, and no adequate legal remedy. Boulee found that the county failed to meet any of these high legal standards.
The judge noted that Fulton County retained digital copies of the materials and demonstrated no concrete irreparable harm. The motion was denied and the case is closed. Boulee acknowledged flaws in the FBI’s affidavit and described certain portions as troubling, but concluded those shortcomings did not rise to the level required to show callous disregard for the county’s constitutional rights. He also emphasized that because no active election was disrupted and the 2020 election had already been certified years ago, there was no emergency justifying the return of originals while federal investigators continued their work.
The ruling underscores the legal distinction between digital copies and physical evidence in election investigations, as chain-of-custody procedures, ballot-handling practices, and forensic indicators require original documents.