Don Lemon Calls Timing of Ilhan Omar Search 22 Days Before Election 'Suspect'

Don Lemon said the timing of a federal search of Representative Ilhan Omar's Washington, D.C., home was "certainly suspect." The search came 22 days before the November 3 midterms. Lemon also said any real fraud should be investigated, and he stressed that the Minnesota Democrat has not been charged.

Homeland Security Investigations agents carried out the search early Monday. The Justice Department said HSI executed "a judicially authorized search warrant" as "part of an ongoing federal criminal investigation," NBC News reported.

"Now, that timing is certainly suspect," Lemon said on The Don Lemon Show. "Considering how the Republicans are doing in the polls right now, that is certainly suspect."

Republicans trail by 7.8 points on the generic congressional ballot in PolitiKool's polling average.

What Is Known About the Ilhan Omar Investigation

Lemon said sources had told his show that the investigation concerns alleged fraud in immigration paperwork Omar's late father filled out when she was a child. CBS News reported that investigators are examining possible false statements and immigration fraud tied to that paperwork. It also reported that Attorney General Todd Blanche was personally aware of the warrant and that the Justice Department's Public Integrity Section was consulted beforehand.

NBC News described a yearslong investigation involving HSI, the U.S. attorney in Minneapolis and the Justice Department. Omar has not been charged with any crime.

Omar called the search "an attempt to target political enemies and weaponize federal law enforcement" and said, "I will not be silenced." President Donald Trump told reporters he "had nothing to do with" it, CBS News reported.

Lemon said Omar "hasn't been charged with a damn thing." But he did not dismiss the inquiry outright.

"Now, again, as I have been saying, if there is some fraud or whatever, OK, investigate it," he said. He added that, given his own experience with the Justice Department, "I'm going to ask where's the lie until I see the evidence."

The Justice Department's Election-Year Rules

Monique Pressley, a criminal defense and civil rights attorney who appeared on the show, cited section 9-85.500 of the Justice Manual. That section states that federal prosecutors and agents "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."

The section bans timing an action for political purposes. It does not set a deadline. The 60-day quiet period that the show's correspondent outside Omar's home called "an unofficial policy" is a departmental norm, not a law. Pressley made the same point on air: it is a policy, and a search with probable cause is not illegal.

Lemon said Republicans had invoked that norm whenever it helped them. "Remember, it's too close to election to do this, to do that," he said.

The Legal Bar for Revoking Citizenship

The show's correspondent said the White House has sought a way to deport Omar, a naturalized citizen born in Somalia. Pressley said prosecutors would have to prove knowledge and criminal intent. She also said she doubted citizenship could be reversed over an irregularity from decades ago.

The Supreme Court set a high bar in Maslenjak v. United States in 2017. It held that the government must show an illegal act played a role in obtaining citizenship before it can be revoked under federal criminal law. A false statement alone is not enough.

Donald Trump's Attacks on Ilhan Omar

Lemon replayed clips of Trump calling Somalia a place of "filth" and claiming Omar married her brother. "He's accused her of marrying her brother. There's no evidence of that. She has denied it," Lemon said. He added, "We'll see what they find here."

Lemon said searches like this one "usually not always, they turn out to be nothing."

Early Voting in Minnesota

Lemon said more than 127,000 ballots had already been cast in Minnesota. The Minnesota Secretary of State's office reported that the state had passed 127,000 ballots as of last week, a total that had doubled over the previous week.

The correspondent said Omar is in a "pretty safe seat." Lemon said he expected Republicans to use the search "to sully" other Democratic candidates in the state.