Rep. Ilhan Omar questions whether the Trump administration's search of her residence was lawful.

Rep. Ilhan Omar questions whether the Trump administration's search of her residence was lawful.

Rep. Ilhan Omar, a Democrat, is retaliating against the Trump administration's search of her residence earlier this week by contesting its legitimacy and requesting the return of the items taken by federal investigators.

In a letter to Justice Department prosecutors on Friday that CNN was able to obtain, Omar's lawyers wrote, "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."

According to several people familiar with the investigation, the administration pushed for an exceptionally thorough search of Omar's home in the Washington, DC, area as part of an immigration fraud investigation that focuses on the congresswoman, potential false statements on official documents, and a possible conspiracy. A federal magistrate court approved the search order, which federal officers carried out early on Monday while restricting the Justice Department's access to her records. The administration of President Donald Trump has consistently targeted Omar with hostility.

Omar attempted to undermine the investigation's foundation by claiming that she fled Somalia in 1995 and became a properly naturalized citizen in 2000.

In the letter to federal prosecutors, Omar's lawyers, Amy Jeffress and Joshua Matz, stated, "There is no legitimate basis for any suggestion that she has violated any law concerning her citizenship status." Additionally, they insisted on the preservation of all audio and video recordings produced by federal officials throughout the search.

Inquiries from CNN regarding the allegations made by Omar's attorneys were not immediately answered by Justice Department spokespeople.

Omar's lawyers identified several problems with the way Omar's house was searched. They claimed that the search was not disclosed to the House of Representatives' Office of General Counsel until it was made public. According to the letter, the Washington judge had ordered specific processes for notifying the House, Omar, and her lawyers of her constitutional rights as a member of Congress. Omar's defense lawyers suggested that by not adhering to the judge's guidelines, the investigators might have violated the congresswoman's rights.

According to the letter, Omar was given a disclaimer that she did not sign instead of having someone from the US attorney's office or the Justice Department recite her rights under the Speech or Debate Clause during the search. Additionally, Omar's lawyers claimed they were unable to recognize or separate information covered by the provision.

Omar's lawyers noted that the search was carried out less than three weeks prior to Election Day and that it "arose from a years-old, tired conspiracy theory."

In order to prevent even the impression of politically motivated law enforcement activities, the Department has historically avoided conducting this kind of investigation so close to an election. However, it is obvious that this pre-election probe and search were motivated by political considerations. They stated in the letter, which was initially published by The Wall Street Journal, "This search was neither justified nor lawful for the reasons given above."

Omar was frequently referred to by her first name in the search warrant documents, according to Jeffress and Matz, who urged the agents to treat the congressman with her correct title moving forward.