The federal investigation of Rep. Ilhan Omar (D-MN) has Republican lawmakers on edge about the precedent it might eventually set and how far it will go, according to new reporting.
House Republicans have publicly cheered on the Trump administration’s investigation led by the Department of Homeland Security, Politico reported. But beneath that, the raid on Omar’s Washington-area home raises what the outlet called “thorny nonpartisan questions” about congressional protections.
Agents searched the home Oct. 12. The Justice Department said they "executed a judicially authorized search warrant" in an ongoing criminal probe. Fox News reported, citing sources, that it relates to possible immigration fraud involving paperwork her late father filed when she was a child. The Associated Press reported, citing a person briefed on the matter, that authorities seized Omar’s phone and that a Minnesota grand jury has issued more than a dozen subpoenas, including to relatives.
According to the report, "Lawmakers use their cellphones and computers to communicate with aides about upcoming votes, committee hearings and drafting or filing legislation. They text and email colleagues about the work of the House. And they talk to constituents, advisers, attorneys and experts about crucial congressional decisions. The Constitution’s 'speech or debate' clause makes such material absolutely immune from scrutiny by federal prosecutors, with few exceptions."
Speaker Mike Johnson (R-LA) has not weighed in on the speech-or-debate implications, Politico reported. The House’s official legal positions are set by the five-member Bipartisan Legal Advisory Group (BLAG), made up of the speaker, majority leader, majority whip, minority leader and minority whip. While most of its recent decisions have split 3-2 along party lines, speech-or-debate issues have sometimes drawn unanimous agreement.
Politico pointed to precedent. After the FBI seized Rep. Scott Perry’s (R-PA) phone in 2022, House leaders of both parties demanded access to the sealed proceedings. In 2023, Minority Leader Hakeem Jeffries (D-NY) and Minority Whip Katherine Clark (D-MA) joined GOP leaders in backing a 36-page brief by House General Counsel Matthew Berry demanding protection for materials seized from lawmakers’ phones. Sen. Marsha Blackburn (R-TN) is suing former special counsel Jack Smith over his subpoena of her phone records.
Omar blamed President Donald Trump, saying, “This is just the latest escalation in his campaign of political intimidation.” D.C. U.S. Attorney Jeanine Pirro said, “If there was a crime that was committed, it will be prosecuted.”