Lawyers representing US Democratic Representative Ilhan Omar have urged the Justice Department to return property seized during a recent search of her Washington, DC, residence, arguing that the operation was unlawful and unjustified.
In a letter obtained by The Associated Press on Friday, the Minnesota lawmaker’s legal team challenged the search, which was linked to an investigation into alleged immigration fraud. They described the probe as an attempt to target Omar, a longtime critic of Republican President Donald Trump.
The attorneys also questioned the timing of the search, which took place only weeks before the midterm elections, in which Omar is seeking re-election.
According to the letter, there is “no legitimate basis for any suggestion that she has violated any law concerning her citizenship status.”
The legal team further accused the Justice Department of pursuing a politically driven case against the congresswoman and warned that the investigation could undermine constitutional protections.
“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.
The letter was first reported by The Wall Street Journal.
However, the Justice Department rejected the allegations made by Omar’s attorneys, with a spokesperson accusing them of misrepresenting the investigation.
A department spokesperson, Emily Covington, described the letter as “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 on Friday evening.
The search, which took place on Monday, sparked immediate criticism from Democrats. The operation has also drawn attention because the Justice Department has historically sought to avoid publicly visible investigative actions involving political candidates within 60 days of a primary or general election.
During the search, federal agents seized Omar’s phone, according to a person briefed on the investigation who spoke to the AP earlier this week. The source also said authorities had issued more than a dozen grand jury subpoenas, including some directed at members of the lawmaker’s family.
The precise focus of the investigation remains unclear. Homeland Security Secretary Markwayne Mullin has indicated that investigators are examining possible offences involving immigration documents connected to Omar’s family.
Separately, Washington’s US Attorney, Jeanine Pirro, has disclosed that her office is conducting inquiries involving the congresswoman.
“There are several investigations going on,” Pirro said, adding to questions surrounding the scope of the scrutiny of Omar and her office.
Her attorneys also raised concerns about whether investigators had adhered to the specific conditions set by the magistrate judge who authorised the search.
They argued that the Justice Department’s actions breached longstanding internal guidelines intended to prevent law enforcement investigations from influencing electoral contests.
The department’s response and the defence team’s demand for the return of the seized property come as scrutiny continues over the investigation and its timing ahead of the midterm elections.
