2026-10-17 14:23 美国东部夏令时 / 哥伦比亚广播公司新闻
众议员伊尔汉·奥马尔的律师指控美国司法部违反治安法官的命令，未能遵循在华盛顿特区搜查其住宅期间旨在维护其作为国会议员宪法权益的相关程序。
在10月16日的信件中，奥马尔的律师艾米·杰弗里斯和约书亚·马茨要求政府立即归还这位国会议员的财产，同时他们还要求保留所有搜查过程的视频和音频记录。
“这项针对总统主要国会批评者之一的报复性、具有政治动机的刑事调查，侵犯了奥马尔议员的宪法权利，并威胁到权力分立原则，”他们在这封经哥伦比亚广播公司新闻审阅的信件中写道。
在一份声明中，美国司法部发言人驳斥了信中的指控，称其“充斥着虚假指控和不实信息”。
“我们的律师和执法合作伙伴始终遵守所有法院命令和法律义务，”这位发言人表示。“在发送信件后立即向媒体泄露信件并非善意之举，这是一场宣传噱头。”
国土安全调查局的特工于周一对奥马尔的住宅执行了搜查令，作为针对其家族历史的大规模刑事调查的一部分，旨在寻找其移民文件中可能存在欺诈和虚假陈述的证据。
哥伦比亚广播公司新闻此前曾报道，搜查中查获的物品包括奥马尔的个人手机，且就在搜查前几天，大陪审团已向奥马尔的部分家庭成员发出了传票。
搜查令在执行前约一周已提交给美国地区法院的一名治安法官。
哥伦比亚广播公司新闻此前曾报道，在法官提出搜查令未纳入任何保护奥马尔根据宪法言论与辩论条款所享有的立法特权的程序后，检察官与法官进行了长时间的来回磋商。
这些保护措施源自2007年的“美国诉雷伯恩众议院办公楼案”华盛顿特区巡回法院判例，该判例裁定，在对现任国会议员进行刑事调查时，行政部门在审查搜查扣押的信息之前，必须允许该议员先对其进行立法特权筛查。
哥伦比亚广播公司新闻此前曾报道，最初检察官试图辩称该案不适用，因为搜查是在奥马尔的住宅而非其国会办公室进行的。
在给美国司法部的信件中，奥马尔的律师指控法官规定的几项关键要求遭到违反。
例如，国土安全调查局的特工本应通知奥马尔本人以及众议院总法律顾问办公室有关搜查令的执行——奥马尔的律师称这一步骤从未实施。
信件还指控，特工在搜查开始后阻止她联系律师超过一小时，尽管按照规定，她和其律师本应在一开始就收到搜查令副本。
此案中搜查令的签发时机以及大陪审团传票的发出，引发了众多资深前检察官的质疑。
此类针对现任国会议员的公开调查行动如此临近选举，似乎违反了美国司法部的内部指导方针，该方针规定检察官和特工应避免采取可能影响选举结果或给某一候选人带来优势或劣势的公开调查行动。
奥马尔的律师在给司法部的信中也提出了同样的担忧，他们表示：“历来，司法部都会避免在选举临近时开展此类调查活动，以避免哪怕只是看起来具有政治动机的执法行动。但这次选举前的调查和搜查背后的政治动机显而易见。基于上述原因，这次搜查既不合理也不合法。”
奥马尔长期以来一直是特朗普总统及其盟友的频繁政治攻击目标。特朗普也曾对她的索马里血统和宗教信仰发表贬损言论，并多次指控她存在移民欺诈行为。
“任何关于她违反了与其公民身份相关法律的说法都没有合法依据，”她的律师在给司法部的信中写道，并补充称对其住宅的搜查“源自于一项持续多年、早已过时的阴谋论，涉及数十年前的行为”。
美国国土安全部部长马克韦恩·穆林在周五的一档播客节目中，就这场非公开的刑事调查发表了不同寻常的公开言论，称这是一起“有力的案件”。
在接受“查理·柯克秀”主持人安德鲁·科尔维特的采访时，穆林主动透露周一已执行了多份搜查令，并补充称一名法官已批准了此次执法行动，调查人员预计将向大陪审团提交案件。
联邦官员公开谈论正在进行的刑事调查的情况并不常见，通常只会确认已执行法院授权的搜查，这在一定程度上是为了保护正当程序和大陪审团保密规则。
Attorneys for Rep. Ilhan Omar accuse DOJ of violating judge’s orders to follow protocols to protect her rights as member of Congress
2026-10-17 14:23 EDT / CBS News
Attorneys for Representative Ilhan Omar have accused the Justice Department of violating a magistrate judge’s order by failing to follow certain protocols designed to safeguard her constitutional interests as a member of Congress during the search of her home in Washington, D.C.
In the Oct. 16 letter, Omar’s attorneys Amy Jeffress and Joshua Matz asked the government to immediately return the congresswoman’s property, and they also demanded all video and audio recordings of the search be preserved.
“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 wrote in the letter, which was reviewed by CBS News.
In a statement, a Justice Department spokesperson disputed the claims in the letter, saying it was “riddled with false allegations and inaccuracies.”
“Our attorneys and law enforcement partners complied with all court orders and legal obligations, as they always do,” the spokesperson said. “Leaking a letter to the press right after sending it is not good faith. It is a publicity play.”
Homeland Security Investigations police search the home of Rep. Ilhan Omar, D-Minn., on Oct. 12, 2026, in Washington, D.C. Andrew Leyden/Getty Images
Agents from the Homeland Security Investigations executed a search warrant at Omar’s home on Monday, as part of a sprawling criminal investigation into her family’s history for evidence of possible fraud and false statements in their immigration paperwork.
Her personal cellphone was among the materials seized in the search, CBS News previously reported, and grand jury subpoenas were also issued just days before the search to some of Omar’s family members.
The search warrant was first presented to a magistrate judge in U.S. District Court about a week before it was executed.
Prosecutors and the judge engaged in a lengthy back-and-forth, after the judge raised concerns that the search warrant failed to incorporate any protocols to protect Omar’s legislative privileges under the Constitution’s speech and debate clause, CBS News previously reported.
Those protections stem from the 2007 United States v. Rayburn House Office Building D.C. Circuit Court case, which held that in a criminal investigation of a sitting member of Congress, the executive branch can’t review information that is seized in a search without allowing that member to first screen it for legislative privilege.
Initially, prosecutors tried to argue the case shouldn’t apply because the search was being carried out at Omar’s home, and not at her congressional office, CBS News previously reported.
In the letter to the Justice Department, Omar’s lawyers alleged several key requirements imposed by the judge had been violated.
HSI agents, for example, were supposed to notify both Omar and the House of Representatives Office of General Counsel of the execution of the search warrant — a step Omar’s lawyers say never took place.
Agents also allegedly prevented her from contacting her attorney for more than an hour after the search started, the letter alleges, even though she and her counsel were supposed to be presented with a copy of the search warrant at the outset.
The timing of the search warrant and issuance of grand jury subpoenas in the case have raised eyebrows among many veteran former prosecutors.
Homeland Security Investigations police search the home of Rep. Ilhan Omar, D-Minn., on Oct. 12, 2026, in Washington, D.C. Andrew Leyden/Getty Images
Such overt investigative steps involving a sitting member of Congress so close to an election appear to run afoul of internal Justice Department guidelines, which state that prosecutors and agents should avoid taking overt investigative steps that could affect the outcome of an election or give one candidate an advantage or disadvantage.
Omar’s lawyers also raised these same concerns in their letter to the department, saying: “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.”
Omar has long been a frequent political target by President Trump and his allies. Mr. Trump has also made derogatory comments about her Somali heritage and her religion, and he has repeatedly accused her of immigration fraud.
“There is no legitimate basis for any suggestion that she has violated any law concerning her citizenship status,” her attorneys wrote in the letter to DOJ, adding the search of her home “arose from a years-old, tired conspiracy theory concerning conduct stretching back decades.”
Department of Homeland Security Secretary Markwayne Mullin made unusually public remarks about the nonpublic criminal investigation in a podcast on Friday, calling it a “strong case.”
In an interview with Andrew Kolvet, who hosts “The Charlie Kirk Show,” Mullin volunteered that multiple warrants had been served on Monday, adding that a judge had authorized the enforcement action and investigators expected to present their case to a grand jury.
It is unusual for federal officials to speak openly about ongoing criminal investigations beyond confirming a court-authorized search was conducted, in part due to due process protections and grand jury secrecy rules.
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