A federal judge in Atlanta will hear Fulton County’s bid to have the FBI return seized ballots and related materials from the January 28, 2020 search tied to the county’s elections operations.

Fulton County contends the seizure was improper and unconstitutional under the Fourth Amendment and shows a disregard for local election administration, while the DOJ defends the affidavit and warrant as proper and tied to an ongoing investigation into election irregularities.

DOJ lawyers argued the star witness lacks direct knowledge, but Fulton County’s Macias countered that his experience as an election administrator does not make him a criminal investigator.

The government maintains that challenges to the affidavit’s accuracy are immaterial and that preserving records is essential for probing potential violations of election-related laws.

The case sits amid broader debates about magistrate decisions and echoes to but diverges from the Mar-a-Lago dispute, with prominent DOJ advocates connected to Trump weighing in.

Prosecutors cite possible violations of records-retention laws and laws criminalizing attempts to deprive residents of a fair election as part of the charges.

Democrats and election officials worry about using law enforcement to push political grievances and the potential impact on how elections are administered.

Privacy concerns over sharing voter data are raised by state and federal officials, including Republicans, with arguments highlighted about protecting privacy.

Witness credibility issues are raised, noting that some witnesses cited by Fulton County’s side have problematic backgrounds to challenge the affidavit’s reliability.

DOJ lawyers defend the agent’s expertise and say the focus should be on probable cause rather than potential bias in the agent’s conduct.

The investigation traces to a referral tied to Trump-aligned efforts to overturn the 2020 results, citing potential violations of records retention and election-integrity statutes.

Prosecutors describe the probe as involving national-level election issues and preservation statutes, with a view toward potential charges if wrongdoing is found.