A federal judge is scheduled to hear arguments Friday on Fulton County's demand that the FBI return ballots and other materials from the 2020 election that were seized last month. U.S. District Judge J.P. Boulee ordered the hearing after court-mandated mediation between the parties failed to reach an agreement.

The FBI executed a search warrant on January 28 at a Fulton County elections office warehouse near Atlanta, seeking all physical ballots from the 2020 vote, tapes from vote-tabulating machines, ballot images and voter rolls. The seizure targeted the elections hub in Georgia's most populous county, which includes most of Atlanta.

Fulton County attorneys argue in court filings that the seizure was "improper and unjustified" and demonstrates "callous disregard" for Fourth Amendment protections against unreasonable search and seizure. They contend the Justice Department seeks to "set a precedent that would grant the federal government unchecked power to interfere with the local administration of elections."

Justice Department attorneys countered that preparing a detailed affidavit and presenting it to a judge represents "the exact opposite of 'callous disregard'" for constitutional rights. They stated their goal is to investigate "irregularities that occurred during the 2020 presidential election in the County" and identified potential violations of federal laws requiring election records to be maintained for 22 months and prohibiting fraudulent ballot activities.

The FBI affidavit cited concerns about whether Fulton County properly retained ballot images, whether some ballots were scanned multiple times, whether unfolded ballots were improperly counted as mail-in votes, and potential irregularities with tabulator tapes. Fulton County submitted a declaration from election expert Ryan Macias, who advised the county during 2020, stating the affidavit contains "false or misleading statements and omissions."

Georgia's votes in the 2020 presidential race were counted three times, including once by hand, with each count affirming the results. The county had sought to have the FBI agent who wrote the affidavit testify at Friday's hearing, but the judge sided with the Justice Department and blocked the subpoena.