Ilhan Omar’s lawyers demand return of seized property, call federal home search unlawful
WASHINGTON, DC: Attorneys for Democratic Rep Ilhan Omar on Friday, October 16, demanded that the Justice Department immediately return property seized during a federal search of her Washington, DC, home, arguing that the operation was “neither justified nor lawful.”
In a letter sent to federal prosecutors, Omar’s legal team alleged that the immigration fraud investigation was politically motivated and raised concerns about whether the investigators complied with the court-ordered protections for the Minnesota congresswoman. The Justice Department firmly rejected the allegations as the investigation continues weeks before the November midterm elections.
Ilhan Omar’s attorneys challenge search, demand return of seized property
In the letter, first reported by The Wall Street Journal, Omar’s attorneys argued that the investigation lacked a legitimate basis and instead targeted a longstanding critic of President Donald Trump.
“This vindictive, retributive, and politically motivated criminal investigation into one of the President's chief congressional critics violates Representative Omar's constitutional rights and threatens the separation of powers,” the lawyers wrote.
They also stated that there was “no legitimate basis for any suggestion that she has violated any law concerning her citizenship status.” Omar’s attorneys said that she became a lawfully naturalized US citizen in 2000 after fleeing Somalia and spending time in a refugee camp in Kenya.
Federal agents had searched Omar’s home on Monday, October 12, and seized her phone, according to a person familiar with the matter. Authorities have also issued more than a dozen grand jury subpoenas, including to some of her relatives, the person said.
The full scope of the investigation remains unclear. Homeland Security Secretary Markwayne Mullin has suggested that the investigators are examining potential crimes connected to immigration paperwork involving Omar’s family. Separately, Washington, DC.
Attorney Jeanine Pirro has said that “there are several investigations going on” involving Omar and that her office is examining matters concerning the lawmaker’s financial disclosures.
Omar’s legal team has also questioned whether investigators followed the magistrate judge’s instructions governing the search. The attorneys said that the House of Representatives’ Office of General Counsel was not notified until after the search became public and raised concerns about procedures intended to protect congressional privileges under the Constitution’s Speech or Debate Clause.
The lawyers have demanded that the Justice Department preserve all audio and video recordings made during the search, in addition to returning the seized property.
Justice Department rejects allegations as election nears
The Justice Department pushed back against the claims in Omar’s letter. Department spokesperson Emily Covington on Friday, October 16, said that the defense team’s account was “riddled with false allegations and inaccuracies.”
“Our attorneys and law enforcement partners complied with all court orders and legal obligations, as they always do,” Covington wrote in a text message to the AP.
Omar’s attorneys argued that searching so close to Election Day departed from longstanding Justice Department practices intended to avoid investigative actions that could influence an election. The search took place less than three weeks before the November midterms, in which Omar is seeking another term in Congress.
Omar has repeatedly denied allegations circulated by conservative critics concerning her marriage and immigration status, previously describing them as “disgusting lies.”
