ATLANTA (AP) — A federal judge plans to hear arguments Friday on a demand by officials in Georgia's Fulton County that the FBI return seized ballots and other materials from the 2020 election.
U.S. District Judge J.P. Boulee wrote in a scheduling order that the hearing was needed after the two sides failed to reach an agreement in court-ordered mediation.
The Jan. 28 seizure from a warehouse near Atlanta targeted the elections hub in Georgia's most populous county, which is heavily Democratic and includes most of the city of Atlanta. Fulton County has been at the center of unfounded claims by President Donald Trump and his allies that widespread election fraud cost him reelection.
The FBI's move was one of several actions by the Trump administration that have alarmed Democrats and many election officials who are concerned it is using law enforcement to pursue the president's personal grievances and is planning ways to interfere in this year's midterm elections The FBI also used a subpoena earlier this month to obtain records related to a controversial audit of the 2020 presidential election in Maricopa County in Arizona, another battleground state Trump lost that year.
At the same time, the Justice Department is fighting numerous states in court for access to voter data that includes sensitive personal information. Election officials, including some Republicans, have said handing over the information would violate state and federal privacy laws.
Lawyers for Fulton County argued in a court filing that the seizure of its documents was “improper and unjustified” and demonstrates “callous disregard” for the Fourth Amendment protection against unreasonable search and seizure. The Justice Department seeks to “set a precedent that would grant the federal government unchecked power to interfere with the local administration of elections,” they wrote.
Justice Department attorneys argued that preparing a detailed affidavit and presenting it to a judge “is the exact opposite of ‘callous disregard’” for those constitutional rights. “Their goal to disrupt an ongoing federal criminal investigation is clear,” they wrote of Fulton County officials.
The Justice Department said it is investigating “irregularities that occurred during the 2020 presidential election in the County” and identified two laws that might have been violated. One requires election records to be maintained for 22 months, while the other prohibits procuring, casting or tabulating false, fictitious or fraudulent ballots.
The filing said the FBI is looking into whether Fulton County properly retained ballot images; whether some ballots were scanned and counted multiple times; whether unfolded, unmailed ballots were counted as mail-in absentee ballots; and potential irregularities concerning tabulator tapes from the scanners used to count ballots.
Fulton County's lawyers wrote that the “deficiencies” or “defects” in the county's handling of the 2020 election cited in the affidavit are the kinds of human errors that commonly occur without any intentional wrongdoing and cannot establish probable cause.
To support their claims, Fulton officials submitted a sworn declaration from Ryan Macias, an election technology and security expert who advised the county during the 2020 election. He said the affidavit contains “a multitude of false or misleading statements and omissions” and offered explanations for the alleged “deficiencies.”
Investigations by the Georgia secretary of state and independent reviews contradict the core allegations of the affidavit, which is “rife with statements from witnesses lacking credibility, with extraordinary and undisclosed biases,” Fulton's lawyers argued.
Georgia's votes in the 2020 presidential race were counted three times, including once by hand, and each count affirmed Democrat Joe Biden's win.
Federal government lawyers rejected the idea that the FBI agent who wrote the affidavit “intentionally or recklessly misled” the judge, writing that “the supposed misrepresentations and omissions flagged by Petitioners are illusory and/or immaterial." They also asserted that a lapse of the statute of limitations on the potential crimes does not negate probable cause.
Justice Department lawyers say they don't believe the records were “properly retained and preserved” and wrote that Fulton County officials “can hardly claim a meaningful interest” in the records because the clerk of courts previously sought permission from a judge to destroy them.
The department also noted that a federal magistrate judge reviewed the FBI affidavit and signed off on the search warrant. Fulton County sought to have the FBI agent who wrote the affidavit testify at Friday’s hearing, but the Justice Department objected and the judge sided with the federal government and quashed the subpoena.
FILE - Georgia general election 2020 ballots are loaded by the FBI onto trucks at the Fulton County Election HUB, Jan. 28, 2026, in Union City, Ga., near Atlanta. (AP Photo/Mike Stewart, File)
FILE - FBI agents are seen at the Fulton County Election Hub and Operation Center, Jan. 28, 2026, in Union City, Ga., near Atlanta. (AP Photo/Mike Stewart, File)
SAN JOSE, Calif. (AP) — Trey Kaufman-Renn has heard coach Matt Painter remind the Boilermakers so many times during his four years at Purdue that it's not always the first shot of a possession that matters most.
“It's those tip-ins at the end of the games,” Kaufman-Renn recalled of the message. “He said that my four years here, so it's kind of cool to experience that.”
Yes, Kaufman-Renn's quick hands at the rim extended a special NCAA Tournament run for Purdue.
Kaufman-Renn tipped in a miss by Braden Smith with 0.7 seconds left, and the No. 2-seed Boilermakers edged hobbling Texas star Tramon Mark and the 11th-seeded Longhorns 79-77 on Thursday night in the Sweet 16.
Texas (21-15) tied it moments earlier when Dailyn Swain made a driving layup, was fouled and converted the three-point play with 11.9 seconds to go. Smith had scored on his own drive with 38 seconds remaining and finished with 16 points.
Kaufman-Renn hit his first seven shots — going 6 for 6 and grabbing five rebounds in the first half — on the way to 20 points. He was mobbed by teammates right after the final buzzer sounded at SAP Center.
Purdue will play top-seeded Arizona on Saturday night with a chance to advance to the Final Four.
Texas had subbed 7-foot center Matas Vokietaitis out of the game with 11 seconds left after Boilermakers big man Oscar Cluff had fouled out, giving Purdue a better opportunity in the paint. Kaufman-Renn got himself right under the front of the rim after Smith missed on his drive.
"The No. 1 thing for us to have a chance today was to rebound with Purdue," Texas coach Sean Miller said. "I thought we really struggled to rebound on defense."
Mark scored 29 for the Longhorns, grimacing and clearly in pain limping on his injured leg through the closing minutes when the sixth-year senior's team needed him most. His points were the most by a Texas player in an NCAA Tournament game since Kevin Durant scored 30 against Southern California in the second round of the 2007 tournament.
Purdue (30-8) advances to Saturday’s Elite Eight game against either top-seeded Arizona (34-2) or No. 4 seed Arkansas (28-8), who were playing the late game in San Jose.
The teams traded baskets and chances most of the night.
Chendall Weaver scored off his offensive rebound with 1:03 to play pulling Texas within 73-72 after Smith had made only one of two free throws.
Vokietaitis hit a pair of free throws with 20 seconds left before Purdue’s C.J. Cox made two at the 19.4-second mark.
Miller made his ninth Sweet 16 appearance in 21 seasons, the most of any coach who hasn’t reached the Final Four. The Longhorns had won three straight following a three-game losing streak — this time with football coach Steve Sarkisian among an animated Texas crowd sitting a few rows off courtside.
"It feels really good to be a part of what we did, that's the one thing I would say," Miller said.
Smith thought he'd taken a winning shot, then was left beneath the basket to watch his teammate deliver.
“I was standing under the rim, I was like ‘Please get in there, please get in there,’ and it did,” said Smith, who also dished out five assists. “Trey tipped it perfectly and I was like ‘Thank God, thank God that went in.’”
Mark was going to stay on the floor for his final game any way he could. He took three foul shots in pain with 16:20 left after a hard fall and foul by Fletcher Loyer, briefly exiting before coming back.
“Just being a competitor wanting to play and wanting to advance for my teammates," he said of how he withstood the pain, "wanting to keep this thing going."
Jordan Pope scored 12 points in 33 minutes for Texas playing in his native Bay Area, coming back after breaking his foot late in a second-round win over Gonzaga.
Pope, who was born and raised in nearby Oakland, appreciated the medical team that helped make it happen.
“It meant a lot, a moment that I'm sure I'll remember for the rest of my life, something that's a lot bigger than myself and my play," Pope said. "... I had nothing to lose it’s the Sweet 16."
AP March Madness bracket: https://apnews.com/hub/ncaa-mens-bracket and coverage: https://apnews.com/hub/march-madness
Purdue guard Gicarri Harris (24) dunks during the first half in the Sweet 16 of the NCAA college basketball tournament against Texas, Thursday, March 26, 2026, in San Jose, Calif. (AP Photo/Godofredo A. Vásquez)
Texas center Matas Vokietaitis (8) works for a rebound against Purdue guard C.J. Cox (0) during the first half in the Sweet 16 of the NCAA college basketball tournament, Thursday, March 26, 2026, in San Jose, Calif. (AP Photo/Godofredo A. Vásquez)
Texas forward Dailyn Swain (3) drives to the basket during the first half in the Sweet 16 of the NCAA college basketball tournament against Purdue, Thursday, March 26, 2026, in San Jose, Calif. (AP Photo/Godofredo A. Vásquez)
Purdue forward Trey Kaufman-Renn, center, celebrates with teammates after making the game-winning basket during the second half in the Sweet 16 of the NCAA college basketball tournament against Texas, Thursday, March 26, 2026, in San Jose, Calif. (AP Photo/Kelley L Cox)
Purdue forward Trey Kaufman-Renn (4) tips the ball over Texas forward Dailyn Swain (3) for the game-winning basket during the second half in the Sweet 16 of the NCAA college basketball tournament, Thursday, March 26, 2026, in San Jose, Calif. (AP Photo/Godofredo A. Vásquez)
