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Fulton County Challenges DOJ Subpoena for 2020 Election Workers

Fulton County has petitioned the court to quash a Department of Justice (DOJ) subpoena demanding the personal data of thousands of 2020 election workers. The county argues that the subpoena is a politically motivated attempt to harass election staff and infringes upon Georgia's sovereign right to manage its elections. This legal challenge follows an FBI criminal investigation into alleged 2020 election irregularities in the county. The filing also questioned the procedural legitimacy of the subpoena, pointing to concerns about grand jury involvement and the statute of limitations. Fulton County officials maintain the action represents unwarranted federal overreach.

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Fulton County Challenges DOJ Subpoena for 2020 Election Workers

Fulton County's Board of Registration and Elections has filed a motion asking a court to void a Department of Justice (DOJ) subpoena seeking the personal information of thousands of election workers from the 2020 election. The board argues the subpoena constitutes political harassment and overreach, infringing on workers' First Amendment rights and Georgia's election autonomy.

Legal Challenges to the DOJ Subpoena

The board's motion, filed on Monday, specifically targets the DOJ's April subpoena for election workers' names, addresses, and phone numbers. Key arguments presented include:

  • Political Motivation: The county contends the subpoena is the DOJ's "latest effort to target and harass" perceived political opponents of Donald Trump.
  • Constitutional Concerns: The board asserts the subpoena threatens the First Amendment rights of election workers and will "chill their participation in elections."
  • Sovereign Interference: Furthermore, it claims the request "unreasonably interferes with Georgia’s sovereign authority to administer elections."

Fulton County Board of Commissioners Chair Robb Pitts characterized the subpoena as an act of "outrageous federal overreach."

Context: Investigations and Election Disputes

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This legal action follows the FBI opening a criminal investigation into alleged irregularities during the 2020 election in Fulton County, Georgia. The DOJ had previously described these issues.

  • Previous Actions: As part of the investigation, federal agents searched the Fulton County elections office in January and seized election materials, which the county has since filed a lawsuit to recover.
  • Election Results: In the 2020 election, Joe Biden defeated Donald Trump, partly due to Georgia, where Biden secured over 70% of the vote in Fulton County.
  • Political Backdrop: Following the election, Trump repeatedly claimed the results were fraudulent in Georgia, leading to tensions with state election officials, including Secretary of State Brad Raffensperger.

Procedural Doubts Raised by Fulton County

The filing also raised questions regarding the procedural basis of the subpoena:

  • Grand Jury Status: The county questioned whether a grand jury was even seeking the information requested by the subpoena.
  • Jurisdiction: The board noted that the DOJ requested the records be submitted to a prosecutor in an out-of-district U.S. Attorney's office, rather than directly to a grand jury.
  • Statute of Limitations: The filing cited concerns that the statute of limitations may have lapsed on any purported 2020 election "crime."

Allegations of Intimidation

The board highlighted several social media posts from Donald Trump to argue that the subpoena's intent is to "intimidate and harass poll workers." Lawyers for the board pointed to Trump's statements, such as declaring "THE 2020 ELECTION WAS RIGGED AND STOLEN," suggesting a pattern of seeking retribution against critics.

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