Ilhan Omar’s lawyers demand the return of property seized in house raid

Key points

• Lawyers for Ilhan Omar demand return of her phone and passport seized in a Monday raid on her Washington home.
• They accuse the Justice Department of a politically motivated search and of ignoring a magistrate judge's instructions.
• The Justice Department says its attorneys and law enforcement partners complied with all court orders and legal obligations.

Lawyers for US Representative Ilhan Omar of Minnesota have asked federal prosecutors to return property seized when agents searched her Washington, DC home on Monday, The Associated Press reported. The search was part of an investigation into alleged immigration fraud, and authorities took her phone and passport, according to The Washington Post.

In a letter sent Friday, lawyers Amy Jeffress and Joshua Matz called the investigation politically motivated and said the search was not justified or lawful. They also said there is no legitimate basis for suggesting Omar violated any law on her citizenship status.

Claims about the search

Omar's lawyers said agents did not give them a copy of the warrant in advance and did not contact the House of Representatives' Office of General Counsel, which they say disregarded the magistrate judge's orders. They said those procedures protect her constitutional rights as a sitting member of Congress and guard against seizure of material tied to her legislative work.

The lawyers also asked authorities to preserve audio and video recordings from the search. More than a dozen grand jury subpoenas have been issued, including to some of Omar's relatives, according to The Washington Post.

The political motivations behind this pre-election investigation and search are clear as day

— Omar's lawyers, in a letter to federal prosecutors

Justice Department response

The Justice Department rejected the accusations, calling the letter "riddled with false allegations and inaccuracies". Spokesperson Emily Covington said its attorneys and law enforcement partners complied with all court orders and legal obligations.

Omar's lawyers argued the timing, close to the November midterm elections, shows political motivation. The department has historically avoided such activity so near an election, they wrote. The search came days after Trump attacked Omar at a Tennessee rally; hours later he denied involvement, saying the matter was "really up to the DOJ".