Several relatives of Democratic congresswoman Ilhan Omar have received grand jury subpoenas as part of a criminal investigation into possible fraud and false statements in immigration paperwork, according to people familiar with the matter.
The subpoenas were issued on Friday, days before investigators from Homeland Security Investigations searched Ms Omar’s home in Washington DC early on Monday morning.
The investigation is examining her family’s history and includes documents dating back to Ms Omar’s childhood, some of which were completed by her late father. It was not immediately clear why the search warrant was carried out so close to the midterm elections.
Concerns over timing of Ilhan Omar investigation
The Justice Department’s decision to take overt investigative steps shortly before the election has prompted criticism. Its internal guidance says federal prosecutors and agents “may never select the timing of any action” for the purpose of affecting an election or giving an advantage or disadvantage to a candidate or political party.
The department has also traditionally followed an unwritten “60-day rule”, under which prosecutors generally avoid publicly disclosing investigative steps connected to electoral matters, or returning indictments against candidates, within 60 days of a primary or general election.
Ms Omar, a prominent critic of President Donald Trump who has frequently been targeted by him and his allies, has denied wrongdoing. She accused the administration of trying to “target political enemies and weaponize federal law enforcement”.
Mr Trump said on Monday that he had “nothing to do with” the search. Sources said Attorney General Todd Blanche was aware of it, while the Justice Department’s Public Integrity Section was consulted before the warrant was executed.
That section, which handles politically sensitive criminal investigations, was largely dismantled by the Trump administration last year and has only two attorneys remaining. It was not clear what advice it gave in relation to the search.
The warrant was approved by a magistrate judge in Washington after extended discussions with Justice Department lawyers. The discussions centred on a 2007 appeals court ruling that says the executive branch cannot review material seized during a criminal investigation of a sitting member of Congress until the member has had an opportunity to screen it for legislative privilege.
The original warrant did not address that ruling because the search involved Ms Omar’s home rather than her congressional office. The magistrate subsequently ordered safeguards allowing Ms Omar and her lawyers to review the material and claim legislative privilege.
Homeland Security Investigations is leading the case, with assistance from the Justice Department. It is at least the second active criminal investigation involving Ms Omar and her family.
A separate investigation by the US Attorney’s Office in Washington is examining the valuation of several businesses run by her husband, Tim Mynett. The businesses attracted scrutiny after congressional financial disclosures listed their value as between six million and 30 million dollars.
Ms Omar later attributed the figures to an accounting error and filed an amended form listing the couple’s joint assets as being worth between 18,004 and 95,000 dollars.
