Democrats crying foul over the federal raid on Rep. Ilhan Omar’s home are getting a brutal reality check from former federal prosecutors, who say the party’s outrage over alleged election interference is difficult to square with its treatment of President Donald Trump.
Former federal prosecutor Jim Trusty called out the apparent double standard after Democratic lawmakers accused the Trump administration of violating Justice Department policy by searching Omar’s Washington, D.C., residence just three weeks before the midterm elections.
“It’s difficult to not point out the dirty hands of the people that might complain about election interference,” Trusty told Fox News Digital.
Trusty pointed directly to former special counsel Jack Smith’s prosecution of Trump ahead of the 2024 presidential election, when Republicans accused federal prosecutors of attempting to influence voters.
Former federal prosecutor Abhishek Kambil echoed those concerns.
“Democrats definitely can’t contend that it’s a politicized investigation after everything that happened in the Trump era,” Kambil said.
The backlash followed Monday’s predawn search of Omar’s home by Homeland Security Investigations agents executing a warrant authorized by a federal judge.
The criminal investigation reportedly involves immigration paperwork completed by the Minnesota Democrat’s late father when she was a child.
Omar has denied wrongdoing and accused the administration of using federal law enforcement to intimidate political opponents.
Rep. Jamie Raskin, the top Democrat on the House Judiciary Committee, quickly condemned the operation, accusing federal investigators of conducting “overt actions in politically-sensitive matters in the 60 days before an election.”
“Just 22 days before the elections, this is blatant political intimidation and an attempt to interfere with the Congresswoman’s reelection,” Raskin declared.
But Kambil highlighted a major problem with that argument, The Justice Department’s longstanding 60-day election practice is not an absolute prohibition on investigative activity.
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“The 60-day requirement is not something that’s in the justice manual,” Kambil explained. “That’s basically an unwritten practice of what DOJ typically does, and the justice manual itself does not have the time frame on that.”
The policy generally calls for heightened caution and consultation with senior Justice Department officials before taking politically sensitive investigative steps.
“It doesn’t create a ban; it just creates effectively a consultation requirement to higher level leadership before it can happen, but there is no statute or anything else preventing this,” Kambil added.
The controversy has revived memories of Smith’s 2024 prosecution of Trump, including a lengthy court filing released just 34 days before the presidential election.
Trump and his Republican allies accused Smith of election interference, although the special counsel maintained that his actions complied with department policy and court deadlines.
Trusty also emphasized that investigators obtained judicial approval before searching Omar’s residence.
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“There’s at least probable cause,” Trusty said. “It’s a long way off from proving a case at trial.”
A search warrant requires a judge to find probable cause, but its approval does not automatically establish compliance with internal Justice Department election policies.
For Kambil, Democrats’ criticism appeared focused primarily on the timing rather than the evidence supporting the warrant.
“When you see Democrats challenging the warrant or what happened, they’re not really going after the merits,” he said. “They’re challenging the timing.”
No charges against Ilhan Omar have been announced, and the investigation remains ongoing.
POLL: Should Ilhan Be Deported If DHS Finds Proof Of Immigration Fraud?
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[ H/T Trending Politics ]