Rep. Ilhan Omar’s lawyers allege investigators failed to follow court-mandated procedures and violated her constitutional rights during the search.

In a letter to Justice Department prosecutors Friday evening, lawyers for Rep. Ilhan Omar, D-Minn., demanded the immediate return of all property taken from her Washington home on Monday, when Homeland Security investigators executed a search warrant as part of an investigation into alleged immigration fraud and conspiracy.

That search deviated from the specific procedures mandated by the judge who approved the warrant, and may have violated Omar’s constitutional rights as a result, according to Omar’s lawyers Amy Jeffress and Joshua Matz of Hecker Fink LLP.

Their seven-page letter also demands that the Department of Justice preserve and provide to Omar’s counsel within five days any video or audio recordings taken during the search, as well as any records reflecting Homeland Security Investigations’ reported review of Omar’s immigration status in 2019.

As a member of Congress, Omar is entitled to protections under the Constitution’s Speech or Debate Clause, which provides immunity for her legislative conduct and protects certain congressional materials and communications from disclosure or use in legal proceedings.

The letter also challenges the perceived focus of the DOJ and Homeland Security’s investigation.

“There is no legitimate basis for any suggestion that she has violated any law concerning her citizenship status,” the lawyers write. “Still, recent experience teaches that the absence of a proper predicate has not stopped this Administration from pursuing politically motivated criminal investigations into President Trump’s opponents.”

The lawyers note that Omar, a frequent public critic of Trump, has been the target of criticism from Trump and members of his administration, with apparent efforts to harass and intimidate her. In particular, they cite several statements that Trump and Vice President JD Vance have made about Omar on social media over the past year. The lawyers allege those statements have contributed to serious threats of harm against Omar.

Omar’s lawyers also allege that the White House appears to be directly involved in the investigation, citing a Washington Post report that Anthony Salisbury, a White House official, is a member of the investigative team.

“This vindictive, retributive, and politically motivated criminal investigation into one of the President’s chief congressional critics violates Representative Omar’s constitutional rights and threatens the separation of powers,” they write.

The lawyers also argue that the timing of the search at Omar’s home violates DOJ policy prohibiting prosecutors from taking or refraining from investigative or prosecutorial actions to influence an election.

Omar, who was first elected to Congress in 2018, is running for re-election to the House this year.

“Historically, the Department has refrained from this type of investigative activity so close to an election, so as to avoid even the appearance of politically motivated law enforcement actions. But the political motivations behind this pre-election investigation and search are clear as day. For the reasons given above, this search was neither justified nor lawful,” the letter states.

The letter was sent to two DOJ lawyers, Michael Wheat and Alessandra “Ali” Serano, both special assistant U.S. attorneys.

A veteran prosecutor from California, Serano was appointed in June by Attorney General Todd Blanche as the national coordinator for child exploitation and human trafficking. The DOJ announced that, as part of that role, Serano would “submit a report to the Deputy Attorney General updating the Department’s strategy for combatting child exploitation and human trafficking” within 120 days. That deadline is approaching within days.

Wheat, on the other hand, has recently been involved with a DOJ effort to obtain California voter registration records from county election officials, according to public reporting. The DOJ sued the state of California for access to those records earlier this week.

In addition to pushing back on the impetus for and timing of the search, the letter also details recent reporting from The Washington Post, which, citing multiple sources, revealed that the Trump administration investigated potential issues surrounding Omar’s naturalization during Trump’s first term and closed the investigation for lack of evidence of criminal conduct.

The letter also alleges that Monday’s search may not have comported with the specific instructions by the magistrate judge who approved the warrant. Among other alleged deficiencies, the lawyers say that although the judge ordered the HSI agents executing the warrant to notify both Omar and the Office of General Counsel for the House of Representatives, the General Counsel was not notified of the search until it was already a matter of public record. The lawyers argue that the delay deprived Omar of the opportunity to seek guidance about her rights as a member of Congress.

Additionally, the lawyers allege that Omar did not receive a copy of the warrant prior to the execution of the search and that she was prevented from contacting her counsel for more than an hour after the search began. They argue that those and other alleged failures prevented her from identifying and separating materials protected by the Speech or Debate Clause.

People or entities from whom property is taken pursuant to a federal search warrant may seek the return of some or all of that property pursuant to rules governing federal criminal cases. Omar, her lawyers note, will file such a motion if the seized property — which, as MS NOW reported, includes her laptop, phone and passport — are not returned promptly.