New developments are continuing to take place following the Department of Homeland Security’s raid on Rep. Ilhan Omar’s Washington, D.C. home, reports note.
Attorneys for left-wing ‘Squad’ Democrat from Minnesota have since accused the Justice Department of violating restrictions imposed by a federal magistrate judge during the search of the Minnesota Democrat’s Washington, D.C., home, opening a new legal front in the expanding criminal investigation surrounding her family’s immigration history.
Omar’s attorneys, Amy Jeffress and Joshua Matz, made the allegations in an October 16 letter demanding that the government immediately return property seized during Monday’s search and preserve all audio and video recordings of the operation.
The dispute centers on special procedures ordered by the magistrate judge to protect Omar’s constitutional privileges as a sitting member of Congress, particularly protections provided by the Speech or Debate Clause, CBS News reported.
The outlet said that prosecutors initially sought the warrant without including procedures addressing those legislative protections, prompting an extended exchange with the judge before the search was ultimately authorized.
The judge required investigators to establish a process allowing Omar and her attorneys to review seized materials and assert legislative privilege before potentially protected information could be examined by the executive branch. Those safeguards stem partly from a 2007 federal appeals court decision involving the FBI search of then-Rep. William Jefferson’s congressional office, which established significant protections for legislative materials seized during criminal investigations of lawmakers.
Omar’s lawyers now allege investigators failed to follow several of the procedures specifically required by the judge, including notifying Omar and the House Office of General Counsel when agents arrived to execute the warrant. They also contend Omar repeatedly attempted to contact an attorney after agents arrived but was prevented from doing so for more than an hour, despite requirements intended to give her counsel an opportunity to address potentially privileged congressional materials.
Federal agents seized Omar’s cellphone and other personal property during the search, while separate reports say investigators also collected documents, computers and her passport.
The Justice Department strongly rejected the accusations, saying Omar’s attorneys had presented an inaccurate account of how investigators conducted the search. A department spokesperson called the letter “riddled with false allegations and inaccuracies” and maintained that prosecutors and law-enforcement personnel complied with the court’s orders and their legal obligations.
The department also accused Omar’s legal team of turning the dispute into a publicity battle by providing the letter to reporters shortly after sending it to prosecutors.
The search was conducted by Homeland Security Investigations as part of a criminal investigation examining possible fraud and false statements involving immigration paperwork submitted by Omar’s family decades ago. Multiple Omar relatives have received grand jury subpoenas, and Homeland Security Secretary Markwayne Mullin disclosed Friday that investigators executed several additional search warrants on the same day agents searched Omar’s residence.
Mullin characterized the investigation as a “strong case” and said investigators expect to present evidence to a grand jury, although Omar has not been charged with any crime.
The existence of search warrants and subpoenas does not establish criminal wrongdoing, and the government would ultimately have to prove any charges beyond a reasonable doubt if prosecutors decide to pursue a case.
Omar’s attorneys maintain there is no legitimate basis to allege that she violated immigration or citizenship laws and have characterized the investigation as politically motivated retaliation against a prominent congressional critic of President Donald Trump.
Trump has denied directing the investigation, while administration officials have said the matter is being handled by federal law enforcement and the Justice Department.
The timing has created another controversy because Omar is on the November 3 midterm ballot and the Justice Department has historically sought to avoid investigative actions that could be perceived as affecting elections, though she is in a very safe Democrat-dominated district.
Federal officials have maintained that appropriate internal procedures were followed before the Omar search, including consultation with the Justice Department’s Public Integrity Section, which handles politically sensitive investigations.