Ilhan Omar’s attorneys say federal search of her home was ‘neither justified nor lawful’

Ilhan Omar's attorneys dispute the legitimacy of a federal search of her home, claiming it was 'neither justified nor lawful'.

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Ilhan Omar's attorneys have asked the US Department of Justice to return property that federal agents removed from her home during a search. The lawyers for the Minnesota Democrat contended that the seizure was “neither justified nor lawful”, according to a letter reported by the Associated Press. The federal investigation into Omar was launched just weeks ahead of the 3 November midterms, in which Omar is on the ballot.

The federal government has issued more than a dozen grand jury subpoenas, including of Omar's relatives, and seized her phone in its investigation of the congresswoman. A justice department spokesperson said the letter from Omar's defense team was “riddled with false allegations and inaccuracies”, according to the AP.

Omar's attorneys wrote that there is “no legitimate basis for any suggestion that she has violated any law concerning her citizenship status”, according to the Wall Street Journal. They also accused the justice department of violating the agency's longstanding policy aimed at avoiding potentially influencing an election.

The letter from Omar's lawyers also raised concerns about whether the investigators followed instructions from the magistrate judge who approved the search. They demanded in the letter that the justice department preserve any audio and video taken during the search on Monday.

The justice department launched the investigation after years of Trump and conservative media figures promoting unsubstantiated rumors that Omar's ex-husband is actually her brother – and that she married him so that he could obtain immigration status. Omar, the most prominent Somali American in the US, has denied that allegation.

Citing sources “close to the investigation”, Fox News reported that the search on Monday was related to a criminal fraud investigation concerning Omar's immigration paperwork. Omar's father filled out that paperwork when she was a child.