Overview
- Fulton County’s brief says Special Agent Hugh Raymond Evans’s affidavit contained misstatements and omissions that, if disclosed, would have undercut probable cause for the search.
- DOJ has invoked Touhy regulations and moved to quash, seeking to prevent the FBI agent who swore the affidavit from taking the stand.
- The county asks the court to order Evans’s testimony at an evidentiary hearing tied to its motion to return seized ballots and other election materials.
- The filing characterizes DOJ’s refusal as arbitrary and capricious and notes the county’s offer to honor relevant privileges limiting specific lines of questioning.
- A federal judge set an evidentiary hearing for March 27, and DOJ is expected to respond before then as the parties dispute both testimony and control of the original records.