The key facts

  • Omar's lawyers argue that agents violated the judge's instructions and prevented her from contacting lawyers for more than an hour.
  • The Justice Department called the letter 'full of false accusations' and stated that all judicial requirements were followed.
  • The search took place three weeks before the midterm elections, in which Omar is running for a fifth term.

Defense Challenges Legality of the Search

Lawyers for Democratic Congresswoman from Minnesota Ilhan Omar, in a letter sent Friday evening, demanded that federal prosecutors immediately return all seized property and provide recordings made during the operation, The Wall Street Journal reports. The search of her home in Washington was carried out by Homeland Security Investigations agents early Monday morning under a warrant approved by a federal judge. According to the newspaper, the investigation partially concerns how 44-year-old Omar, who arrived from Somalia decades ago, obtained US citizenship. The letter asserts that there are 'no legal grounds' for assumptions that she violated laws relating to citizenship.

Accusations of Procedural Violations

The lawyers stated that the agents failed to follow the judge's instructions, including the requirement to notify the general counsel of the House of Representatives before executing the warrant, and also did not provide Omar and her lawyers with a copy of the warrant in advance. According to them, Omar was not allowed to contact attorneys for more than an hour after the search began. The defense also accused prosecutors of abusing the grand jury process through subpoenas issued in Washington and Minnesota, and called the investigation 'vindictive, repressive and politically motivated,' violating Omar's constitutional rights and the principle of separation of powers.

Authorities' Response

A Justice Department spokesperson rejected the accusations, calling the letter 'full of false accusations and inaccuracies' and stating that the lawyers and law enforcement partners 'complied with all court orders and legal obligations, as always.' Washington prosecutor Jeanine Pirro earlier in the week defended the operation, saying on Fox News that a judge would not have signed the warrant without probable cause.

Political Context

The search took place three weeks before the midterm elections in November, in which Omar is running for a fifth term. The letter asserts that the Justice Department violated its long-standing practice of refraining from public investigative actions against political candidates within 60 days of elections; the department denies violating any policy. The defense called the search based on a 'long-discredited conspiracy theory.' Omar has long been criticized by President Donald Trump, conservatives, and Republican-led congressional investigations.