WHAT YOU NEED TO KNOW
- Omar’s lawyers demanded the immediate return of property seized during a Homeland Security search of her Washington home.
- The attorneys allege investigators ignored court ordered procedures and prevented Omar from contacting counsel for more than an hour.
- The letter argues the investigation is politically motivated and violates Omar’s constitutional rights and congressional protections.
- Omar’s lawyers plan to seek the return of her laptop, phone, passport and other property if prosecutors do not act promptly.
Lawyers for Rep. Ilhan Omar, D-Minn., demanded Friday evening that Justice Department prosecutors immediately return everything seized from her Washington home. Homeland Security investigators searched the property Monday under a warrant tied to an investigation into alleged immigration fraud and conspiracy.
Amy Jeffress and Joshua Matz of Hecker Fink LLP contend that investigators failed to follow specific procedures imposed by the judge who approved the warrant. They argue those alleged failures may have violated Omar’s constitutional rights.
Their seven page letter also demands that the Justice Department preserve and provide any video or audio recordings made during the search within five days. The lawyers additionally requested records reflecting Homeland Security Investigations’ reported 2019 review of Omar’s immigration status.
Omar’s attorneys invoked the Constitution’s Speech or Debate Clause, which provides members of Congress immunity for legislative conduct. The protection also shields certain congressional materials and communications from disclosure or use during legal proceedings.
The letter bluntly challenges the stated focus of the investigation. “There is no legitimate basis for any suggestion that she has violated any law concerning her citizenship status,” the lawyers write.
They continued, “Still, recent experience teaches that the absence of a proper predicate has not stopped this Administration from pursuing politically motivated criminal investigations into President Trump’s opponents.”
Omar’s lawyers noted that the congresswoman is a frequent public critic of Trump and has faced criticism from Trump and members of his administration. They cited several statements made by Trump and Vice President JD Vance on social media over the past year, alleging those statements contributed to serious threats against Omar.
The attorneys also alleged that the White House appears directly involved in the investigation. They cited a Washington Post report identifying White House official Anthony Salisbury as a member of the investigative team.
“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 write.
The letter further argues that the timing of the search violates Justice Department policy against taking or withholding investigative or prosecutorial action to influence an election. Omar, first elected to Congress in 2018, is running for reelection to the House this year.
“Historically, the Department has refrained from this type of investigative activity so close to an election, so as to avoid even the appearance of politically motivated law enforcement actions. But the political motivations behind this pre-election investigation and search are clear as day. For the reasons given above, this search was neither justified nor lawful,” the letter states.
The letter was sent to Michael Wheat and Alessandra “Ali” Serano, both special assistant U.S. attorneys. Serano, a veteran prosecutor from California, was appointed in June by Attorney General Todd Blanche as national coordinator for child exploitation and human trafficking.
The Justice Department said Serano would submit a report to the Deputy Attorney General updating the department’s strategy for combating child exploitation and human trafficking within 120 days. According to the source report, that deadline was approaching within days.
Wheat has recently participated in a Justice Department effort to obtain California voter registration records from county election officials, according to public reporting. The department sued California for access to those records earlier in the week.
The letter also cited Washington Post reporting that the Trump administration examined potential issues involving Omar’s naturalization during Trump’s first term. That investigation was closed for lack of evidence of criminal conduct, according to the reporting described in the letter.
Omar’s lawyers alleged that agents did not comply with the magistrate judge’s instructions to notify Omar and the Office of General Counsel for the House of Representatives. The General Counsel was not notified until the search had already become public, allegedly depriving Omar of an opportunity to seek guidance about her congressional rights.
The lawyers also said Omar did not receive a copy of the warrant before the search and was prevented from contacting counsel for more than an hour after it began. They argue these alleged failures kept her from identifying and separating materials protected by the Speech or Debate Clause.
Under rules governing federal criminal cases, people or entities whose property is seized under a federal warrant may seek its return. Omar’s lawyers said they will file such a motion unless her laptop, phone, passport and other seized property are promptly returned.
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