DoJ’s Ilhan Omar Probe Reeks of Politics
Last week’s search of Ilhan Omar’s home was abnormal in several key respects, and she’ll have an opportunity to contest the government’s actions if she does find herself on the wrong end of an indictment. But the truth is, at this point, anyone who definitively proclaims Omar’s guilt or non-guilt is just guessing.
Let’s start with what we do and don’t know. We do know that federal prosecutors obtained approval from a federal magistrate judge, Matthew Sharbaugh, to search Omar’s home. (Magistrates are appointed by district court judges — not by the president — and can exercise certain administrative judicial powers, including review and approval of search warrants.) That means prosecutors convinced the magistrate judge that probable cause that a federal crime was committed exists and that investigators would find evidence of that crime in the place to be searched. We also know that prosecutors have issued at least a dozen subpoenas, which do not require any judicial review or approval. We don’t know, however, precisely what evidence prosecutors marshaled to convince the judge to sign off or how strong the current case is against Omar or others.
We know that prosecutors reportedly are focused broadly on potential false statements by Omar or her family members in immigration and naturalization proceedings. The Washington Post reports that federal authorities first investigated Omar over potential immigration violations in 2019, during the first Trump administration, but found insufficient evidence of wrongdoing; the new investigation reportedly focuses on more recent filings. The DoJ launched another investigation into Omar in 2024, under the Biden administration; that one didn’t go anywhere either. We don’t know precisely how the current investigation might differ from the prior ones (if at all) or what specific federal statute could be in play now; criminal immigration laws can be inscrutable and often overlap.
We do know as a starting point that Omar came to the United States from........
