Beyond acceding to Donald Trump’s fondest dreams, what are we possibly to make of the FBI seizing 700 ballot boxes, voter machine tapes, digital data and voter rolls reflecting 2020 votes from a Fulton Country warehouse? How could we possibly not see this as Trump-fueled revenge and a blinking warning about the kind of challenges to expect in November’s elections?
Days later, the FBI’s execution last week of a judicially signed search warrant served by armor-clad agents clearly still feels extraordinary both politically and legally, and it represents a significant escalation in Trump’s breaking of democratic norms. It certainly reflects Trump’s obsession with having been declared a loser and a warning that he will do anything to influence this year’s elections.
But what exactly is supposed to happen with these ballots and tapes? What are they supposed to show? There still is no justification for what Director of National Intelligence Tulsi Gabbard was doing at the search. Even if we accept that she has decided to worry about election “security,” nothing offers a reason to be present during the serving of a warrant to gather evidence.
Though even the optics of a seizure may appease Trump’s insistence that the 2020 election was stolen from him, what is the practical outcome here? Aren’t these the same votes and ballots recounted multiple times by the state officials responsible for them? Aren’t these the very results that were the arguments in Rudy Giuliani’s loss in court of a defamation suit worth $148 million charging fraud by two election mother and daughter election workers?
Trump blamed results in Georgia for his loss to Joe Biden, pressuring Georgia Secretary of State Brad Raffensperger to “find” him 11,781 more votes. Recently, he promised anew to prosecute those responsible for rigging the election. Trump and his allies filed more than 60 legal cases across the nation seeking to overturn the 2020 election results — all of which failed, even those before Trump-appointed judges.
Can Trump Find His Votes?
The warrant said the materials to be seized might be “evidence of the commission of a criminal offense.” It cited stiff criminal penalties related to “the procurement, casting, or tabulation” of fraudulent ballots. Weirdly, this material already had been requested in a state-federal lawsuit, but release was held up by court order.
We don’t know what evidence or argument was presented to the judge who signed the search warrant; only the FBI presented its reasons. There is no suggestion of new evidence emerging, so the timing is off. A search warrant does not mean a crime was committed or by whom. Rather it means that there is probably cause to look at these elements.
Even a cursory look at the seizure raises a host of questions.
The first is what does the FBI hope to find that no previous investigation or recounting determined? In 2023, Giuliani conceded that while acting as a lawyer for. Trump, he made false statements by asserting that two Atlanta election workers had mishandled ballots.
Then there is the timing. This is 2026, and the voting was in 2020. Most federal and state election laws seem to have a statue of limitations clause that expires after five years. Can any “evidence” unearthed here even be submitted to a court in a criminal trial?
Who is going to review these records, if not the state and county election officials? Is the FBI going to do its own recount, or perhaps hire an outside private company whose background and political lean will be put under endless scrutiny? Who designates that they are not altered once out of the hands of election officials?
How is anyone reviewing the ballots supposed to determine “intent” as required by fraud laws?
And, of course, if Trump’s FBI and Justice Department magically “find” 11,781 votes, do we replay the last six years and re-install Donald Trump as president. Or better yet, determine that he already has served twice as president and cannot Constitutionally finish this would-be third term?
An Egotistical Warning
We’re left with the other conclusion possible here. There is no practical way for Trump to un-rig the 2020 election, but he can use his Justice Department and FBI to harass those who dare to suggest that he lost.
While such dreams may serve the infantile Trump ego, the real value is in signaling to an already wary electorate that Trump, who is not on any ballot in November, still wants an outcome that will leave him with a Republican Congress that will stand down from oversight and questioning of his administration.
To that end, he has endorsed and promoted congressional gerrymandering changes in multiple states, he is threatening to outlaw mail ballots and voter machines that are state controlled, he is choosing candidates to primary any congress member who challenges him, and he is encouraging the social media doxing or prosecution of political enemies. He is pushing for closing of polling stations in Black districts believed to favor Democrats.
And the example of ICE armies and National Guard deployments in Los Angeles, Chicago, Minneapolis and Washington show that he is willing to have the appearance of military law in place to squelch voter turn-out.
Of course, he wanted the FBI to seize ballots and tapes, even if there is no prosecution case to develop sufficiently in the months before the election. His own reputation as a constant winner and his hatred for those who stand up to him are way more important than retaining a democracy.
Happy 250th America.
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