CNN Legal Analyst Notes Probe Into Omar Began During Biden Admin
Rep. Ilhan Omar and her Democratic allies have accused President Donald Trump’s administration of targeting her because of her criticism of the president and his policies. But CNN senior legal analyst Elie Honig said investigative activity that predates the latest federal actions could make it harder to argue the case began solely as political retaliation.
CNN anchor Jake Tapper raised the issue while discussing the investigation into Omar, which escalated when federal agents executed a court-authorized search warrant at her Washington, D.C., residence a week ago.
Investigators are examining allegations that Omar may have been older than the age listed on immigration records when she obtained citizenship through her father in 2000. Omar denies immigration fraud. No criminal charges have been filed, and the allegations remain unproven.
Tapper asked whether Omar should have brought any potential discrepancy to the Biden administration before the current investigation intensified.
“If this is true, would it not have been wiser for the congresswoman to have gone to the Biden Justice Department and said, ‘This is what happened, and there was a mistake, and I’d like to come clean and pay whatever fine’?” Tapper said. “And then that way this is not left up to the Trump Justice Department?”
Honig cautioned that voluntarily admitting to false information could carry serious consequences. Depending on the circumstances, he said, such an admission might expose someone to criminal or immigration penalties rather than simply a fine or administrative correction.
He also noted that the Biden administration opened an investigation into Omar’s finances in June 2024.
“I think that’s going to undermine any argument she may have down the line that this is politically selective and vindictive,” Honig said.
Honig added that many federal immigration offenses have a five-year statute of limitations. However, investigators could potentially examine more recent conduct if they find evidence of later government filings, obstruction or an ongoing conspiracy.
CNN reported that investigators are looking into whether Omar was a minor when she obtained citizenship through her father, since her age could have affected the legal process used to acquire citizenship. The network also reported that investigators are examining whether allegedly inaccurate information appeared in later government documents, including applications for federal identification or other records, which could raise more recent legal questions.
The inquiry reaches beyond the search of Omar’s home. CNN reported that at least a dozen grand jury subpoenas have been issued, and prosecutors in Minnesota, Washington and Justice Department headquarters have taken part in different aspects of the investigation.
According to CNN, the investigation was reopened last year. That timeline has become central to Omar’s argument that the Trump administration’s actions represent politically motivated retaliation.
Honig said investigative activity predating the latest enforcement steps could complicate a claim that the case was launched solely because of Trump’s hostility toward Omar. He also acknowledged that Trump’s repeated public attacks could be cited in arguments about improper motivation.
Trump has criticized Omar throughout his political career, including questioning her citizenship and saying she should be removed from the United States. Omar and her attorneys have pointed to those comments as evidence of political retaliation.
The investigation has also drawn scrutiny because the search took place shortly before the November 3 midterm elections, in which Omar is seeking another term in Congress. CNN reported that Justice Department officials generally avoid overt investigative steps involving political candidates close to an election, although that practice is not a statutory prohibition.
The search warrant has prompted a separate dispute. Magistrate Judge Matthew Sharbaugh required the Justice Department to put safeguards in place to restrict investigators’ access to material that might be protected by Omar’s constitutional privileges as a member of Congress.
Omar’s attorneys later accused federal investigators of violating some of those restrictions during the search. The Justice Department has denied the allegations.