A federal judge handed the Trump administration a narrow procedural win on Thursday, blocking Fulton County’s attempt to compel testimony from an FBI agent tied to the bureau’s seizure of 2020 election records.
U.S. District Judge for the Northern District of Georgia J.P. Boulee, an appointee of President Donald Trump, ruled that the Justice Department was within its authority to prevent FBI Special Agent Hugh Raymond Evans from testifying at a scheduled evidentiary hearing, rejecting the county’s subpoena request.
Fulton County officials had argued Evans should be forced to appear and answer questions about his affidavit, which supported the FBI’s search of the county’s election hub earlier this year. The county claimed the affidavit “misstated and omitted key facts” that could have undermined probable cause for the sweeping seizure of election materials.
Boulee, however, sided with federal prosecutors, finding the DOJ’s refusal was not “arbitrary and capricious” and was justified under long-standing law enforcement privilege protections.
“Given the breadth of the law enforcement privilege and the testimony sought by Petitioners, the Court cannot conclude that DOJ’s decision … was a clear error of judgment,” Boulee wrote in a 16-page order to quash the subpoena.
The ruling means Evans will not take the stand at Friday’s hearing, though the broader dispute between Fulton County and the federal government will proceed.
The FBI’s search, which stemmed from an investigation into potential “deficiencies or defects” in Fulton County’s vote count, resulted in agents seizing more than 650 boxes of election-related materials from the 2020 cycle. The inquiry was initiated following a referral led by attorney Kurt Olsen, who now serves as Trump’s director of election security and integrity.
Federal investigators pointed to concerns that the county lacked scanned images for all ballots counted during both the original tally and subsequent recount, among other alleged discrepancies.
County officials have forcefully pushed back, citing multiple prior reviews, including investigations by the Georgia secretary of state’s office and state election authorities, that found no fraud affecting the outcome.
The DOJ argued compelling Evans to testify could expose sensitive investigative methods and interfere with ongoing enforcement efforts. Boulee agreed, noting such testimony could reveal protected law enforcement records or techniques.
The fight over the seized materials remains unresolved. Fulton County has sued to have the ballots and related records returned, while outside groups, including civil rights organizations, have raised concerns about the handling of voter data.
Representing Fulton County are high-profile lawyers, including Norm Eisen and Abbe Lowell, both of whom have a history of challenging a number of the Trump administration’s policies and maneuvers in courtrooms across the country.
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Boulee had previously urged both sides to resolve the dispute through mediation, but those talks broke down, setting the stage for Friday’s hearing.
While limited in scope, Thursday’s ruling gives federal authorities an early edge in the legal battle over access to testimony tied to the controversial election records investigation.