Trump justice department seeks 2020 election records from Georgia county

The justice department on Thursday asked election officials in Fulton county, Georgia to turn over records related to the 2020 election, a request that underscores how the administration is trying to revive one of the president’s biggest falsehoods about the election he lost five years ago.

Investigators have cleared Fulton county of malfeasance in 2020. Nonetheless, a Republican majority on the board voted to re-open the investigation last year. On the night of the 2024 presidential election, the board voted to subpoena a slew of documents. This summer, the board passed a resolution asking the justice department to intervene and help them get the documents. The subpoenas issued last year seek records related to voter lists, chain of custody forms, ballot images, security seals, and ballot scanner paperwork.

The 30 October letter from the department’s civil rights division, obtained by the Guardian, asks Fulton county to turn over a slew of records that were subpoenaed by the state election board. The letter’s existence was first reported by the Atlanta Journal-Constitution.

“Transparency seems to have been frustrated at multiple turns in Georgia,” Harmeet Dhillon, a Trump ally who leads the civil rights division, wrote in the letter. She also said the voting section had received correspondence from “voter transparency advocates” of “multiple instances of government obstruction of transparency requests, including high-resolution ballot scans, signature verification documentation, and various metadata requests”. She asked the county to turn over the records within 15 days.

A spokesperson for the Fulton county elections board did not immediately return a request for comment. A justice department spokesperson declined to comment beyond what was in the letter.

The department’s request comes as the justice department has asked 40 states to turn over voter roll information and has sued eight states that have refused. The White House also recently hired Kurt Olsen, a lawyer who worked on cases seeking to overturn the 2020 election results to work on voting issues. Heather Honey, another prominent election denier whose misleading research was used to sow doubt about the 2020 election results, has also been appointed to an election-related role in the Department of Homeland Security.

To justify its request, the justice department cited a provision of the Civil Rights Act that requires election officials to retain election records and gives the attorney general the right to request them. The law requires records be retained for 22 months after a federal election – a period that has long elapsed since the 2020 contest.

The letter also said the department also needed the records to comply with two federal statutes, the National Voter Registration Act and the Help America Vote Act.

Justin Levitt, a law professor at Loyola Law School in Los Angeles, said the federal statute that allows DoJ to request election records requires the justice department to provide a “basis” for requesting them. That was absent in Dhillon’s letter, he said.

“In DoJ’s letter, I see a purpose: we want to check up on what you did,” he said. “But the letter just cites a general swath of federal statutes without saying anything about why there’s a basis to believe that the records they’re seeking will shed light on a federal statutory violation. [The] DoJ doesn’t just get to go fishing because it’s curious.”