LEGAL TROUBLE LOOMS: Dershowitz Says Ilhan Omar Could Still Face Criminal Charges, Predicts She May Be Forced Out of Congress
Harvard Law professor emeritus Alan Dershowitz warned Thursday that Rep. Ilhan Omar could still face criminal prosecution, possible loss of citizenship and even deportation over allegations surrounding a previous marriage, despite an earlier federal investigation that ended without charges.
Appearing on Newsmax’s “The Record With Greta Van Susteren,” Dershowitz disputed the argument that the statute of limitations necessarily prevents prosecutors from pursuing the Minnesota Democrat. He also predicted that the controversy could eventually force Omar to resign from Congress or face an effort to remove her from office.
His comments followed a New York Times report revealing that FBI and Department of Homeland Security investigators uncovered some evidence suggesting possible fraud during a 2016 examination of Omar’s 2009 marriage to Ahmed Nur Said Elmi, a British citizen.
“This is not a simple crime. This is a complex and potentially continuing crime,” Dershowitz said.
“So I think it’s still an open, possible open case for criminal prosecution, for denaturalization, for deportation, all of those.”
According to the Times, federal prosecutors decided against filing charges in 2016 after determining that the applicable five-year statute of limitations had expired. Dershowitz challenged that interpretation, arguing that a continuing conspiracy could potentially extend the period during which criminal charges may be brought.
“No, it has never run,” he said.
“If it’s a conspiracy and the conspiracy continues, and she and a status has changed and remains changed based on continuing fraudulent allegations.
“If that can be proved, there are many cases where the statute of limitations for conspiracy goes beyond the usual five years.”
The allegations center on whether Omar married Elmi in 2009 to help him secure immigration benefits. Investigators reportedly examined suspicions that Elmi was actually Omar’s brother, an accusation she has repeatedly rejected as a conspiracy theory.
Omar and Elmi separated in 2011, although their divorce was not finalized until 2017. A spokesperson for the congresswoman told Fox News Digital that the earlier federal inquiry had been closed because investigators lacked sufficient evidence.
Dershowitz also criticized Barack Obama for denouncing the renewed investigation, pointing out that the original federal examination took place during Obama’s presidency. Obama has described the current probe as “appalling.”
“It’s hypocrisy. It was his administration that said this was a serious matter,” he said.
“Even if it were to be barred by the statute of limitations, it would still be a serious matter, and it could still be made public and pursued. And that’s why I have predicted that in the end, I don’t think she has any choice but to either resign from the House or to be barred from sitting in the House,” he said.
Under congressional rules, expelling a sitting member requires the approval of two-thirds of the House of Representatives. Dershowitz suggested that Omar could face difficulties securing unified support from fellow Democrats if the allegations continue to receive scrutiny.
“Many of them are not supporting her on this, and they shouldn’t support her on this,” he said.
The Trump administration has reopened the federal investigation, with authorities reportedly searching Omar’s Washington residence on October 12. Her office has condemned the renewed inquiry as politically motivated and accused the administration of pursuing a vendetta against the congresswoman.
Omar has not been charged with any criminal offense, and the allegations concerning her relationship with Elmi remain disputed.
Additional reporting Thursday revealed that the earlier investigation continued to attract attention after 2016. Fox News reported that a federal prosecutor appointed during the Biden administration closed the inquiry in 2021, according to a person familiar with the case.
The current federal investigation extends beyond Omar’s marriage to Elmi. Investigators are also examining whether she or members of her family provided inaccurate information in immigration and citizenship documents. Several relatives have reportedly received grand jury subpoenas.
The Justice Department has meanwhile asked a federal judge to keep the affidavit supporting the October 12 search of Omar’s home under seal, arguing that releasing the material could interfere with an active investigation. Prosecutors have indicated that they are still reviewing evidence and have not determined whether charges will be filed.
Omar’s attorneys have challenged the search, alleging that federal investigators failed to comply with judicial safeguards protecting her constitutional rights as a member of Congress. The Justice Department disputes that accusation and maintains that investigators followed the court-approved procedures.
