Fulton County Files Lawsuit to Claw Back Election Evidence – Some Major Issues with Filing Revealed by Board Member

Last month, the Federal Bureau of Investigation and Department of Justice executed a search warrant on the Fulton County Elections and Operations Hub, seizing over 650 boxes of election records from the 2020 election.

The Gateway Pundit reported on the claims that led to the search, including missing ballot images (as admitted by Fulton County in the federal case Curling v. Raffensperger), missing tabulator opening tapes and unsigned closing tapes for all advance in-person voting locations, and numerous other issues.

Here’s What We Know Regarding Recent Developments in Fulton County Regarding the 2020 Election

 

Now, The Gateway Pundit has learned that the Fulton County Board of Commissioners [BOC] Chairman, Robert Pitts, the Fulton County Board of Registrations and Elections [BRE], as well as Fulton County itself, have sued the federal government in hopes of retaining those election records seized by the FBI.

The basis of the lawsuit (below) is Federal Rules of Criminal Procedure Rule 41(g), which regulates "unlawful search and seizure of property" and provides a means for returning said property.

However, according to a letter sent to Georgia Attorney General Chris Carr by BRE member Julie Adams, several problems exist within the filing.

This article will deal with those issues rather than the substance of the lawsuit itself.  The substance will be covered in a following article.

No Vote To Join Litigation

The BRE never voted to authorize this litigation.  "The BRE had not met.  The BRE had not voted.  The BRE was not aware [that] they were plaintiffs on a federal lawsuit," Adams wrote to Carr.

More than three hours after the announcement of the lawsuit, the BRE Chair attempted to hold a vote by email, "even though the Open Meetings Act specifically forbids this practice," the letter states.

"I responded that I did not support litigation and noted violations of the Open Meetings Act," Adams wrote.  This particular act allegedly violated O.C.G.A. § 50-14-1(b)(1) and § 50-14-3(b).

No Funding Approved for Lawsuit

Adams notes that Chairman Pitts, while using his official title, "made it quite clear" that he was suing the federal government in his individual capacity rather than as the Chairman of the BOC.

"Either way, the BOC must approve all county funding, and for an entity to file a lawsuit, they would have to approve this action," Adams wrote.  The letter states that the BOC didn't meet the day of the filing until 10:00 a.m., which was after the lawsuit filing was announced, and the agenda included no references to the lawsuit for authorization and funding.

Further, there was no public discussion nor a recorded vote.

Adams cites O.C.G.A. § 50-14-1(e)(1), O.C.G.A. § 50-14-1(e)(2), O.C.G.A. § 36-1-3, O.C.G.A. § 36-1-4, and O.C.G.A. § 36-5-22.1 for reference.

As a result, the County Attorney filed the lawsuit without a BOC vote, a BRE vote, or any meeting of either body prior to the filing, in violation of O.C.G.A. § 45-15-3.

The BRE Was Never Authorized to be a Plaintiff

Because the BRE agenda for its February 12th meeting did not contain an item referencing the litigation, yet the BRE voted to ratify anyway, it violates O.C.G.A. § 50-14-1(e)(1) and O.C.G.A. § 50-14-1(e)(2).

"Thus, the BRE was never legally authorized to be a plaintiff.

This is turning into a pattern in Fulton County.

Last year, the BRE Chair filed a lawsuit in an attempt to stop a Georgia State Election Board subpoena for similar records.  In that instance, the BRE did not meet before the filing, there was no vote conducted, and the lawsuit was never brought up on any agenda for a meeting.

According to Adams:

• The BRE met after the lawsuit was filed and attempted to 'ratify’ authorization.
• The agenda contained only the standard Executive Session notice
• There was no mention of litigation.
• The public received no notice that a vote would occur.

In her letter, Member Adams requested the following from Attorney General Chris Carr:

1. Investigate whether the actions of the BRE Chair and BRE Attorney, Robb Pitts,
Chairman of the BOC, and the County Attorney for acting without legal authority.
2. Determine whether the Open Meetings Act was violated.
3. Assess whether the BRE is a proper plaintiff.
4. Provide guidance or corrective action before the federal hearing.
5. Notify Federal Judge Boulee of any improper filing of Plaintiffs.

Adams attached the correspondence with fellow Board members in the PDF below:

Skip to PDF content

 

 

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