A former federal prosecutor says Democrats have "dirty hands" when they complain about election timing. This criticism follows the recent search of Rep. Ilhan Omar’s home. The raid happened just weeks before an election. Democrats claim this violates Justice Department policy. They argue the government should stop investigations near voting day. But the facts tell a different story.
Jim Trusty, a former federal prosecutor, pointed to the past. He reminded viewers of Jack Smith’s work against President Donald Trump. Smith prosecuted Trump right before the 2024 election. Trusty noted that Democrats cannot claim hypocrisy now. They pushed forward with cases during the Trump era too. Abhishek Kambil, another former prosecutor, agreed with this view.
Rep. Jamie Raskin released a statement about the raid. He claimed the Justice Department broke protocol. Raskin said overt actions are banned in the 60 days before an election. He called the search blatant political intimidation. He argued it was an attempt to interfere with Omar’s reelection bid. These are serious accusations that demand a close look.
However, the Justice Department Manual does not ban these actions. Kambil explained that the 60-day rule is not in the manual. It is an unwritten practice, not a strict law. The manual does not set a hard time frame. It only requires approval from top leaders. This means higher-ups must consult before acting. There is no statute preventing the search.
The practice came under scrutiny in 2018. An inspector general report looked at James Comey’s actions. Comey notified Congress about Hillary Clinton’s emails. This happened just 11 days before the 2016 election. The report called this a serious error of judgment. It showed that ignoring the practice can cause problems. But it did not make the practice a law.
Trump also accused the Justice Department of breaking rules. He cited Jack Smith’s revised indictment against him. That filing occurred 70 days before the election. Smith later released a brief 34 days before voting. Trump called this election interference. Smith maintained that his office followed all policies. He said he complied with court schedules.
Trusty noted that a judge approved the search warrant. A magistrate judge in Washington, D.C., reviewed the case. The judge found probable cause for the raid. A judge can reject warrants if evidence is weak. This judge did not reject it. Trusty pointed out that judges in D.C. are not always friendly to Trump. Yet this judge still approved the search.
Kambil said Democrats are challenging the timing, not the merits. They are not arguing about the evidence itself. The raid stems from an immigration investigation. It involves paperwork Omar’s father completed when she was a child. Omar fled Somalia and became a citizen in 2000. She accused Trump of weaponizing law enforcement.
The Justice Department did not comment on the story. Homeland Security also did not provide a statement. The facts remain clear. The search was legal and approved by a judge. The complaint rests on an unwritten guideline. That guideline has been bent by both sides before.