Could the investigation into Ilhan Omar violate the Hatch Act? The teacher intervenes

(FOX 9) – Hamline law professor David Schultz joined FOX 9 on Sunday to discuss the investigation into Rep. Ilhan Omar and whether it could potentially constitute a violation of the Hatch Act.

Questions about the Hatch Act

The backstory:

Federal agents searched Omar’s Washington, D.C., home on Monday, October 12, as part of an ongoing criminal investigation. The Justice Department did not specify the nature of the investigation, but The Wall Street Journal reported that investigators were looking into possible fraud in Omar’s immigration documents.

Ilhan Omar investigation: timing could matter

David Schultz, professor of law and political science at Hamline University, examines the federal investigation involving Rep. Ilhan Omar and the legal issues surrounding it. Schultz discusses the timeline of the investigation, potential statute of limitations issues, and whether politics might play a role.

A lawsuit filed by the Democracy Defenders Fund challenges the search of Omar’s home, arguing that the action violated the Hatch Act.

Local perspective:

David Schultz, a political science and law professor at Hamline University, told FOX 9 he would not have initially considered the investigation a Hatch Act issue. However, he added that questions could arise if federal employees were asked to take actions for political purposes.

“Well, the Hatch Act was passed in the 1930s and it prevents federal employees from engaging in partisan political activities,” Schultz said. “And the reason I mention this here is because I wouldn’t necessarily have considered this a Hatch Act issue, but if in fact the federal government or Homeland Security or the FBI were asked to take political-type actions, then there would clearly be a violation of the Hatch Act.”

But Schultz said he thinks the investigation raises broader questions that go beyond the Hatch Act, including why federal authorities are acting now.

“But again, I think the bigger question revolves around why now?” » said Schultz. “And what I mean by that is Ilhan Omar is 44 years old. She was naturalized at 17. That was 27 years ago. The question is whether or not this is a live investigation. Does the statute of limitations apply? And why within 60 days of an election?”

“Because in general, the policy is not to bring major legal actions against sitting officials or civil servants within 60 days of an election so that it doesn’t affect the outcome of an election. So there are a lot of legal and policy questions that arise.”

What’s going on with the investigation?

Overview:

Schultz said it was too early to determine how the investigation might play out in court because the government has not sufficiently publicly disclosed the matter.

“Well, we don’t know. I mean, that’s the problem at this point, is we don’t know what the investigation is,” Schultz said. “If this is about immigration and I’m claiming there was immigration fraud 27 years ago, if I’m Ilhan Omar’s lawyer, the first thing I’m going to argue is to say it’s been so long since the law expired, that you’ve lost your opportunity to be able to do anything.”

“I think that will be one question. I think another question will be, as Ilhan Omar, Rep. Omar raised here, to what extent is this political retaliation?”

What they say:

Omar accused the Trump administration of targeting political opponents and called the search an abuse of power. President Trump has denied any involvement in the investigation.

Schultz pointed to previous cases involving other political figures as another reason he believes the motivation behind the Omar investigation could face increased scrutiny.

“Because there have been other cases where the Trump administration tried to prosecute the former director of the FBI, the attorney general of New York, a prosecutor in Atlanta, all political opponents, and they were fired,” Schultz said.

“And again, there are a lot of questions about how much is a legitimate judicial investigation versus how much is political retaliation. But again, since we don’t have all the details on what the investigation is about, it again raises a lot of questions that we just can’t answer.”