Watchdog Calls for Investigation of Search at Rep. Ilhan Omar’s Home

A government watchdog has called on the U.S. Office of Special Counsel to look into whether officials violated the Hatch Act in their search of Rep. Ilhan Omar’s (D-Minn.) home.

The special counsel should investigate officials with the Department of Homeland Security (DHS) and Department of Justice (DOJ), including Homeland Security Secretary Markwayne Mullin, to see whether they violated the Hatch Act, lawyers with the Democracy Defenders Fund and Richard Painter, an ethics official during the George W. Bush administration, said in an Oct. 13 letter to Special Counsel Charles Baldis.

The search of Omar’s home “appears to be timed to influence voters in the upcoming midterm election,” they wrote.

The Hatch Act prohibits government employees from using their official authority “for the purpose of interfering with or affecting the result of an election.”

DHS agents searched the Washington home of Omar on Monday as part of a criminal investigation.

Mullin has said that Omar, a native of Somalia who moved to the United States in the 1990s, may have committed immigration fraud.

Omar, 44, has denied the allegations.

“I’m ok. Make no mistake: this is an attempt to target political enemies and weaponize federal law enforcement,” Omar said on X.

Her office said that the search was “an outrageous abuse of power.”

In the complaint to the Office of Special Counsel, Painter and the other attorneys pointed to the DOJ’s manual, which tells prosecutors and agents that they “may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.”

They also noted that DOJ has often avoided taking steps in investigations against candidates in the time before an election for fear of affecting election results.

Omar’s purported immigration issues stem from years ago, the lawyers also wrote. They also noted that President Donald Trump has been critical of Omar, including saying during an event in 2025 that “she should get the [expletive] out” of the United States and that Vice President JD Vance later said, “We think Ilhan Omar definitely committed immigration fraud against the United States of America.”

The lawyers said waiting several weeks until after the Nov. 3 election would not have resulted in evidence being spoiled, based on the information that has been reported and otherwise made public.

“DOJ and DHS’s decision to instigate this raid at this very moment and for these alleged reasons is unexplainable—except for as a politically motivated use of power to influence the Minnesota congressional election in violation of the Hatch Act,” they said in the complaint. “A review of this matter is therefore immediately necessary.”

A DOJ official told The Epoch Times in an email that no department rule or policy bars investigative or prosecutorial activity in the months leading up to an election.

“The ‘60-day rule’ is an informal practice, not written policy. The governing provision, Justice Manual § 9-85.500, prohibits prosecutors and agents from choosing the timing of any action for the purpose of affecting an election or advantaging or disadvantaging a candidate or party. The standard is purpose, not proximity to Election Day,” the official said.

“Department policy does not require the Department to stop ongoing work during an election season. Additionally, any action likely to raise that issue requires consultation with the Public Integrity Section.”

The Office of Special Counsel has received the complaint and has no comment, a spokesperson said in an email.

DHS did not respond to a request for comment by the time of publication.

Omar is running for another term. She represents Minnesota’s Fifth Congressional District. Omar received 122,640 votes in the Democratic primary. Republican John Nagel received 7,777 votes in the primary. Independent DeVelle Jackson is also running for the seat.

Trump told reporters earlier on Tuesday that officials were “looking at her very carefully.”

He said in Washington that he has found Omar to be “totally crooked” and a complainer, but the case “is really up to the DOJ,” and that he has nothing to do with it.