FBI raid on election offices raises debate over voting security and federal power

The FBI’s move to execute a search warrant at voting offices in Fulton County, Georgia, and the presence of Director of National Intelligence Tulsi Gabbard, have ignited an intense debate about election security and federal authority. Jeff Bennett discussed more with Rick Hasen, professor of law and political science at UCLA and author of The Real Right to Vote.

Jeff Bennett:

The FBI’s move this week to execute a warrant at voting offices in Fulton County, Georgia, to seize 2020 election records and the presence of National Security Director Tulsi Gabbard on the ground there has sparked a heated debate about election security and federal authority.

Joining us to discuss some of these issues is Rick Hasen, professor of law and political science at UCLA and author of The Real Right to Vote.

Rick, thanks for being with us.

What legitimate legal purpose could this raid serve at this point more than five years after the election?

Rick Hasen, UCLA School of Law: That’s really hard to say.

We’ve seen the search warrant. It suggests the possibility of criminal charges, including election interference, as well as destruction of documents. It appears that these claims would be outside the statute of limitations. It is not clear who is being investigated.

This seems to be perhaps – and this is perhaps the most optimistic reading – just an attempt to indulge the president’s statements about his concern that the 2020 election was stolen and just perpetuate the government’s and others’ view of what happened in the election, not even the last presidential election, but the elections that preceded it.

Jeff Bennett:

The president continues to indicate that prosecutions are coming for what he says is election-related fraud.

Based on what we know, how plausible are the federal charges?

Rick Hasen:

Well, with the statute of limitations potentially running, without any irregularities being known, there has been a lot of investigation into not just the 2020 election in general, but Fulton County, Georgia, in particular.

They were investigated by the Secretary of State there, a Republican, even though Fulton County is a Democratic county. It is difficult to know who might be involved. I’m more concerned about the signal this sends to election officials and others for 2026 looking forward than I am about what might happen to those looking back.

Jeff Bennett:

Another bright spot here is the presence of the Director of National Intelligence, Tulsi Gabbard. Today, the Deputy Public Prosecutor defended her presence and defended her role in all of this, considering that it was consistent with her job.

Todd Blanche, Deputy US Attorney:

I think its existence shouldn’t be — shouldn’t be questioned, of course, and that’s a big part of its job. So the fact that she was in Atlanta that day should surprise no one.

Jeff Bennett:

So the fact that she was present in Atlanta that day should surprise no one.

Why would the Director of National Intelligence interfere in local elections? Is there any reason for it to be there?

Rick Hasen:

Well, the Director of National Intelligence has to look at problems coming from outside the United States.

As much as they want to claim that something is happening outside of the United States, I think that’s plausible. But there were reports in the Wall Street Journal that Gabbard had been put in charge of the administration’s look into voter fraud across the country.

So it may be, no matter what portfolio you have, that this will be something that you move forward with in the future. You were supposed to appear before the Foreign Ministers today and address a kind of skeptical audience, I understand. It was a no-show. At the last minute, she said she had a scheduling conflict.

Jeff Bennett:

Could all of this serve as a precedent — sorry — a precedent or even a dress rehearsal for what could come in the 2026 midterms, i.e. more aggressive federal intervention?

Rick Hasen:

Yes, I’m very concerned about the future, especially the idea of ​​ballot materials being confiscated.

There are a wide range of custody requirements to ensure that no one tampers with ballots. And look, what happens if the FBI tries to get in while they’re still counting votes during the midterms? I think we’re going to have to be very proactive in thinking about what steps states and localities might need to take to protect the integrity of their elections from the federal government.

And the idea that we have to do that tells you how far things have deteriorated with democracy in the United States.

Jeff Bennett:

Are countries ready?

Rick Hasen:

Well, I guess it varies by state. I think some people don’t realize how far things can go. I think it’s not just the states now, and it’s not just the local election officials. We will have to involve the courts.

It will have to engage people who are willing to stand up to ensure that we can continue to have free and fair elections in 2026 and 2028.

Jeff Bennett:

Rick Hasen, thanks, as always, for your thoughts.

Rick Hasen:

Thank you.