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Supporting Fulton County election process-WH & Gabbard claim of 2020 election fraud as though never investigated clearly


Robert Weiner
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Pro-democracy Congress members should also go to the Supreme Court to seek order blocking harassment before WH abuses process repeatedly.

Under White House orders, federal agents seized hundreds of boxes of ballots from Fulton County, GA, six years after the certified 2020 presidential election. This is not routine law enforcement, but an unprecedented intrusion into local election data. Sen. Mark Warner (VA), Sen. Raphael Warnock (GA), and Democratic leadership should pursue an order from the Supreme Court to put a stop to further interference in the states' well-documented and audited elections.

Supporting the Fulton County election process in opposition to the White House and Director of National Intelligence Tulsi Gabbard's claim of 2020 election fraud is needed now, since the claims of never being investigated fully are clearly a national model for the White House and election deniers for 2026- and likely 2028 as well.

Pro-Democracy Congress members should also go to the Supreme Court to seek order blocking harassment before the White House abuses the process repeatedly. Democracy will only erode over time by corrupt "procedural" actions.

The fact remains that this election has been settled- over and over again. "After three counts, the results remained unchanged" said Jacquelyn Lopez, who served as voter protection counsel for the Biden-Harris campaign during the 2020 Georgia recount. "Beyond a shadow of a doubt, Joe Biden won the 2020 presidential election in Georgia by nearly 12,000 votes." Courts have adjudicated Trump's fraud claims dozens of times, repeatedly rejecting them.

"Every audit, every recap, every courtroom, has confirmed what we, the people of Fulton County, already knew," said Robb Pitts, Chairman of the Fulton County Board of Commissioners. "Our election was fair and accurate."

Sen. Warnock underscores Pitts' point, saying, "Look, this issue has been litigated time and time again." There is no unresolved legal question here, only Trump's refusal to accept reality.

Former Justice Department special counsel Jack Smith accused Trump of conspiring to overturn the 2020 election. Smith said, "Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity," and in front of Congress he reaffirmed the merits of his decisions to bring charges against Trump.

Fani Willis, prior Fulton County District Attorney, was disqualified from this case against Trump late last year following a "significant appearance of impropriety" regarding her romantic relationship with special prosecutor Nathan Wade. Georgia Republican officials were happy to use personal dirt on Willis against her- they declined to hear her appeal, finalizing her removal. This censorship makes it exceedingly clear that the law is protecting election interference in our country.

Additionally, the president was recorded on a call with Brad Raffensperger, Georgia's Republican secretary of state, requesting that the official conjure enough votes to overturn Biden's victory. "I just want to find 11,780 votes," Trump said to Raffensperger. This is the strongest proof yet that Trump had intentions to see his own triumph, even if it meant engaging in grossly undemocratic misconduct.

While DOJ leadership authorized this warrant mere weeks ago, Georgia's legal obligation had long expired- federal statute requires that ballots in federal elections be preserved for 22 months after election day, not six years.

In response, Fulton County has filed a lawsuit in federal district court challenging the legality of the FBI's raid. County attorneys' goal is to "compel the government to return the ballots using the Federal Rule of Criminal Procedure 41 (g), which allows a person aggrieved by an unlawful search or seizure to demand the property back." However, given that Trump pushes everything to his friends on the U.S. Supreme Court, this lawsuit may not be aggressive enough.

U.S. District Judge J.P. Boulee has signed an order demanding the two parties to engage in mediation before the court rules on whether the ballots must be returned. Boulee wrote, "Given that returning the property with conditions -- rather than fully restricting access to the evidence -- is the standard practice... the Court would like the parties to mediate this dispute."

But mediation will not suffice. Democratic leadership needs to demand justice from the courts.

"The fact is, Donald Trump cannot get over the fact that he lost Georgia in 2020, that he lost the election in 2020," said Sen. Warner. "My fear is now he sees the political winds turning against him, and he's going to try to interfere in the 2026 election, something a year ago I didn't think would be possible."

This is not about politics; it's about defending the exercising of Congress' rightful duties. Congress certified the 2020 election under its constitutional authority- therefore, senators have institutional standing to staunchly defend that certification. They must approach the Supreme Court before the president does, to stop further ballot reviews and ensure the return of the rightful property of Fulton County.

The right wing has mastered legal hardball, using courts aggressively and preemptively. For that reason, any restraint from the left becomes vulnerability.

"We will not give one inch to those who seek to take control of elections in Fulton County, not today, not tomorrow, not ever," said Pitts. The precedent that Trump's actions will set is that any future election could be reopened by a bitter administration. Senators must act now- not after more damage is done- to protect the finality of American elections.

Robert Weiner is a former spokesman for the Clinton and Bush White Houses and for the House Government Operations and Judiciary Committees under Chairman John Conyers. He was also senior staff for Reps. Claude Pepper, John Conyers, Charles Rangel, Ed Koch and Sen. Ted Kennedy.

Lily Roberti is Policy & Research Analyst at Robert Weiner Associates and the Solutions for Change Foundation.

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