Judge: No Election Worker Names for DOJ07/08 06:19

   

   ATLANTA (AP) -- The U.S. Department of Justice cannot have the names and 
personal contact information for every person who worked during the 2020 
election in Georgia's Fulton County, a federal judge ruled Tuesday.

   The Justice Department served a grand jury subpoena in April seeking the 
names and personal contact information of county employees and volunteer poll 
workers. President Donald Trump has long claimed without evidence that 
widespread voter fraud in Georgia's most populous county, a Democratic 
stronghold, cost him victory in the state in 2020.

   Fulton County asked a judge to quash the subpoena, arguing it was meant to 
"target, harass and punish the President's perceived political opponents" and 
that it was "grossly over broad and untethered to any reasonable need."

   "Given the low need for the subpoenaed information and the highly burdensome 
nature of the disclosure of the same, the Subpoena is unreasonable and must be 
quashed," U.S. District Judge William Ray wrote in his ruling, calling the 
scope of the request "staggering."

   "We are proud of our efforts to push back against these improper demands 
that only serve to undermine confidence in our elections," Fulton County 
Attorney Soo Jo said in a statement.

   An email seeking comment was sent to the Justice Department.

   While grand juries often work with federal prosecutors to investigate 
alleged crimes, "that does not give the DOJ the right to use the Grand Jury to 
do whatever the DOJ wants," wrote Ray, who was nominated to the bench by Trump.

   Even if the records sought by the Justice Department could help find people 
who worked for the county during the 2020 election who support the theory that 
the election was unfair, the information couldn't be used to charge anyone 
because the statute of limitations has passed, Ray wrote.

   The subpoena came after the FBI in January served a search warrant at the 
Fulton County election hub and seized hundreds of boxes of ballots and other 
documents from the 2020 election. A federal judge in May denied the county's 
request to force the federal government to return the ballots.

   The Justice Department argued in a court filing that the subpoena was the 
"next step in the normal investigative process" and that it seeks "records 
identifying persons with relevant knowledge."

   Kamal Ghali, a lawyer for the county, argued during a hearing in May that 
the subpoena "will chill participation by election workers" and that the 
statute of limitations for any of the alleged misconduct had already lapsed.

   Justice Department lawyer William McComb argued that the statute of 
limitations issue is not relevant at the investigative stage.

   "My point is, as we sit here now, we are not sure what charges can be 
brought. That's the whole point of the investigation," he said.

   The FBI is also using some 260 staffers across the country to help examine 
records in the Fulton County investigation, according to an agency memo.

   The judge noted that the Justice Department had expressed concern about 
possible criminal actions in the years that followed the election. But he noted 
that the subpoena seeks information related to what happened during the 2020 
election and its immediate aftermath.

   "In these hyper-political times in which we currently live, there are sure 
to be some who disagree with this decision because they believe the allegations 
of fraud in the 2020 Election and believe that 'light' should be brought to 
those claims," Ray wrote.

   He added that nothing prevents continued investigation into those 
allegations by people who believe those claims -- such as Congress or even the 
Justice Department -- but the power of the grand jury, "which exists to 
investigate potential crimes and to bring viable indictments" cannot be used 
for that purpose. Otherwise, anyone in power could use the grand jury process 
to subpoena personal information of citizens "with no legitimate law 
enforcement purpose," he wrote.

   "Thus, everyone, whether you support the President or you do not, or whether 
you believe the 2020 Election was fair or believe that it was not, should be 
concerned about the DOJ's ability to utilize the power of the Grand Jury to 
appropriate your private information without a legitimate purpose," Ray wrote.

   The judge also agreed that providing the subpoenaed information could make 
it harder for Fulton County to recruit election workers. Those who help run 
elections "should be valued and are necessary for successful elections in 
Fulton County going forward," he wrote.