Omar's Actions: Lawful Or Criminal?

Ilhan Omar is an American politician serving as the U.S. representative for Minnesota's 5th congressional district since 2019. She is the first Somali American in the United States Congress and the first woman of colour to represent Minnesota. Omar has been the target of several accusations, including immigration fraud, campaign finance violations, and improperly using campaign funds for personal travel. Omar has also been accused of having links to terrorist-connected groups and supporting the BDS movement, which has led to accusations of antisemitism. In May 2022, Omar asked 'what law?' when confronted about mobs intimidating Supreme Court justices and their families in their homes. This behaviour is prohibited under U.S. Code 1507.

Did Ilhan Omar break the law by using the Quran to take the oath of office?

On January 3, 2019, Ilhan Omar, a Muslim American Democrat from Minnesota, was sworn into the House of Representatives using the Quran that belonged to her grandfather. A couple of weeks later, a Facebook post claimed that she and Rep. Rashida Tlaib—who also used a Koran during her swearing-in ceremony—broke the law by doing so. The post read:

> Let me say about the QURAN, if you take the Oath of Office on a book recognizing Sharia Law swearing to defend honor and uphold the United States Constitution, then you have committed treason. For Sharia Law is a direct violation and conflict of the United States Constitutional Law.

However, this claim is false. Article VI of the U.S. Constitution states that U.S. senators and representatives "shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

Representatives usually take an oath—swearing to support and defend the Constitution—on the first day of a new Congress. First, they take the oath as a group together. Ceremonial swearing-ins follow, during which members can take the oath with their hand on a religious text and be photographed with the speaker. While most members of Congress have historically sworn the oath on a copy of the Bible, the Constitution doesn't require this.

In 2007, then-Rep.-elect Keith Ellison used former President Thomas Jefferson's copy of the Koran for his swearing-in ceremony, drawing complaints from conservative Christians who claimed only a Bible could be used for the oath of office. However, in 1825, former President John Quincy Adams swore his oath on a law book. In 2013, U.S. Rep. Tulsi Gabbard, a Hindu, swore on a copy of the Bhagavad Gita.

The photos showing Ellison, Tlaib, and Omar with their hands on Qurans are from ceremonial events reenacting their swearing-in. Fred Beuttler, then the deputy historian of the House, said in 2006: "That's when you'll see a hand on a religious text. But that's an informal ceremony for the members or the members' own purposes. It's not the official swearing-in ceremony of the House, when no religious text is used."

Did Ilhan Omar break the law by encouraging mobs to intimidate justices?

In May 2022, Somali-born Minnesota Rep. Ilhan Omar was questioned about her stance on the mobs intimidating Supreme Court justices and their families in their homes. Omar, a member of the Democratic Party and the first Somali American in the United States Congress, appeared to be unaware of the federal law prohibiting such intimidation. When asked about the mobs, she asked, "What is the federal law, I'm sorry?".

The reporter then educated Omar on U.S. Code 1507, which states: "Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both."

Despite this, Omar claimed that the Supreme Court had ruled that such actions were protected by the First Amendment. However, it is important to note that the presence of the intent to interfere with, obstruct, or impede the administration of justice is a key component of U.S. Code 1507.

In the past, Omar has been the target of online hate speech and has received multiple death threats. She has also been accused of making antisemitic statements and has faced accusations of campaign finance violations.

Did Ilhan Omar break the law by committing immigration marriage fraud?

Ilhan Omar is a Somali-born American politician who has served as the U.S. representative for Minnesota's 5th congressional district since 2019. Omar is the first Somali American in the United States Congress and the first woman of colour to represent Minnesota. She is also one of the first two Muslim women to serve in Congress. Omar has been the target of numerous unsubstantiated claims and derogatory comments from political opponents, including former President Donald Trump.

One such claim is that Omar committed immigration/marriage fraud by marrying her brother, Ahmed Nur Said Elmi, to help him fraudulently obtain a U.S. green card. These allegations first surfaced in 2016 on an anonymous Somali-American internet forum and have been perpetuated by conservative commentators and politicians, including Trump and GOP Representative Lauren Boebert.

Omar has denied these accusations, calling them "absurd and offensive." She has stated that Elmi is not her brother and has provided some documentation to support her story. However, she has not released all relevant documents, citing concerns for her privacy and safety. While there are inconsistencies in Omar's marriage history, no hard evidence has been presented to prove that Elmi is her brother or that any fraud was committed.

In June 2019, Minnesota's Campaign Finance Board did find that Omar had filed tax returns jointly with a man she was not legally married to (her first husband, Ahmed Hirsi) while still married to Elmi. This resulted in a fine and back taxes for Omar. However, experts stated that such an error is usually corrected without further consequences, and there was no indication of fraudulent intent.

In summary, while there have been persistent rumours and accusations, there is no evidence to conclusively prove that Ilhan Omar committed immigration/marriage fraud by marrying her brother. The allegations remain unsubstantiated, and Omar continues to deny them.

Did Ilhan Omar break the law by improperly using campaign funds?

Ilhan Omar is a member of the Democratic Party and has been the U.S. representative for Minnesota's 5th congressional district since 2019. She is the first Somali-American in the U.S. Congress, the first woman of colour to represent Minnesota, and one of the first two Muslim women to serve in Congress. Omar has advocated for progressive policies, including a $15 minimum wage, universal healthcare, student loan debt forgiveness, and the protection of Deferred Action for Childhood Arrivals.

In 2018, Omar was accused by Republican state representative Steve Drazkowski of campaign finance violations, claiming that she used campaign funds to pay a divorce lawyer and that she accepted speaking fees from public colleges in violation of Minnesota House rules. Omar denied these allegations, stating that the attorney's fees were campaign-related and offering to return the speaking fees. She also accused Drazkowski of using public funds to harass a Muslim candidate. In response to the accusations, Omar's campaign stated that "all of Rep. Omar's tax filings are fully compliant with all applicable tax law."

In 2019, Minnesota campaign finance officials ruled that Omar had to pay back $3,500 in out-of-state travel and tax filing expenses that violated state law, as well as a $500 fine. This decision was made after an investigation by the Campaign Finance Board found that Omar had jointly filed taxes with a man she was not legally married to between 2014 and 2015. However, experts noted that such a correction is typically accepted by the IRS without further consequences unless there is evidence of fraudulent intent.

In 2024, Omar faced renewed scrutiny over campaign spending in the days leading up to the Minnesota primary election. The National Legal and Policy Center filed a complaint with the Federal Elections Commission (FEC) against Omar's campaign, alleging that campaign funds were unlawfully used to fund her husband Timothy Mynett's consulting firm, the E Street Group. The complaint was dismissed by the FEC, which found no reason to believe that Omar's campaign "knowingly and willfully violated" federal law regarding the conversion of campaign funds for personal use or improper reporting of payee information.

While there have been accusations and investigations into Omar's campaign finance practices, the FEC's unanimous decision to dismiss the complaint in 2024 suggests that she did not break the law by improperly using campaign funds. However, it is important to note that campaign finance regulations and laws can be complex, and the public may continue to have concerns about the transparency and appropriateness of how Omar has used campaign funds.

Did Ilhan Omar break the law by supporting the BDS movement?

Ilhan Omar is an American politician serving as the U.S. representative for Minnesota's 5th congressional district since 2019. She is a member of the Democratic Party and the first Somali-American in the U.S. Congress. Omar has been an outspoken critic of Israel and its policies and has faced accusations of antisemitism for her comments.

Omar has expressed support for the Boycott, Divestment, and Sanctions (BDS) movement, which calls for an end to Israel's occupation of Palestinian territories, full equality for Palestinian citizens of Israel, and the right of return for Palestinian refugees. The BDS movement aims to exert economic and political pressure on Israel to meet these demands. While some view the BDS movement as a non-violent form of protest and a way to uphold Palestinian rights, others see it as a denial of Israel's right to exist as a Jewish state.

In the U.S., the debate around the BDS movement has sparked discussions about free speech and the limits of acceptable criticism of Israel. Omar's support for BDS has drawn backlash, with some accusing her of engaging in anti-Semitic rhetoric. In 2023, the Republican-controlled House voted to remove her from the Foreign Affairs Committee, citing concerns about her past comments on Israel and her objectivity.

Regarding the legality of Omar's support for BDS, it is important to note that the U.S. has passed laws and resolutions opposing the BDS movement. Many U.S. states have also passed laws requiring companies doing business with their governments to affirm that they do not participate in the boycott. Additionally, Israel has a law prohibiting entry to those who publicly support the BDS movement, which led to Omar and fellow congresswoman Rashida Tlaib being banned from entering Israel in 2019.

While Omar's support for the BDS movement may have violated certain laws and drawn accusations, it is not clear if she broke any specific laws by expressing her support. The debate around the BDS movement and the limits of acceptable criticism of Israel is ongoing, and the legal implications for individuals who support BDS can vary depending on the specific circumstances.

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