Federal agents seize Rep. Omar’s phone in immigration probe

Phone seized during home search

Federal agents seized Rep. Ilhan Omar’s phone while searching her Washington, D.C., home as part of an investigation into possible immigration-related crimes. NBC News reported that two people familiar with the investigation described the search and subpoenas.

Federal officials identified conspiracy and false statements in immigration paperwork as possible charges under consideration, one of those people said. Investigative steps such as searches and subpoenas do not by themselves mean that charges have been filed or that wrongdoing has been established.

The search occurred about three weeks before the midterm elections. The Justice Department has traditionally avoided public investigative actions close to an election when those actions could affect voting.

Subpoenas tied to Minnesota grand jury

Roughly a dozen subpoenas were issued days before the search, including subpoenas to Omar’s family members. The orders seek information for a federal grand jury in Minnesota, the state Omar represents in Congress.

Omar was not subpoenaed. Federal agents also want to speak with her sister but had not reached her.

A grand jury can review evidence and authorize subpoenas as part of a criminal investigation. It can also decide whether there is enough evidence to issue an indictment, but a grand jury investigation does not establish guilt.

Constitutional protections for congressional work

Seizing a sitting member of Congress’ phone would normally trigger Justice Department procedures intended to protect legislative material. The Constitution’s Speech or Debate Clause protects members of Congress from being questioned about their legislative acts.

Those protections do not create general immunity from criminal investigation. They require investigators to separate protected congressional work from material that may fall outside legislative duties.