This week, the lingering allegations over the marital history of Rep. Ilhan Omar (D., Minn.) took an ominous step when Border Tsar Tom Homan publicly acknowledged that the government is looking into the matter. Rep. Omar has long denied that she married her brother to gain his entry into the United States, but the allegation has continued to rage on the Internet and among her critics. The question is whether this is a substantive case of fraud or defamation.
Homan stated that he was investigating whether Omar committed immigration fraud, but also noted that the statute of limitations has been an issue. In his comment to Newsmax, Homan stated:
“I just got advised by a fraud investigator the other day on that. I asked the question, can we review the files? You know, there was immigration fraud involved. The statute of limitation became an issue in the last four years when this was first brought up…Pulling the records now, pulling the files, and we’re looking at it. But this fraud investigator, who I know personally, one of the best fraud investigators in HSI, Homeland Security Investigations, said there’s no doubt he’d review the file. So, I’m running that down this week as a matter of fact, and we’ll see.”
According to her congressional biography, Omar came to the United States with her family in the 1990s. As I have previously noted, the election of a young immigrant to Congress is genuinely remarkable and commendable.
The questions arose regarding her marriage to Ahmed Elmi in 2009. Elmi was back in the news this week with postings highlighting his lifestyle as a “dirty dandy.” Critics charged that he is actually her brother. The couple divorced in 2017, and no DNA evidence has been offered to support the claim that they are siblings.
President Donald Trump and others have been ratcheting up the rhetoric against Omar and the Somali population in Minnesota. Many of us have objected to some of the attacks on Omar as offensive. As I have previously written, the call for foreign-born U.S. citizens to “go back to their own country” has been made for decades against foreign-born U.S. citizens. However, such attacks are generally protected speech.
The allegation against Rep. Omar is not opinion, but a statement of fact. Many news organizations have referred to the allegation as “debunked” and “unsupported.”
In defamation, truth is a defense. The truth of the matter, however, has never been easy to establish. In fairness to Rep. Omar, a person should not be in a position of having to “prove a negative.” It is not her obligation to prove that she is not a fraud or that she did not marry her brother. Her critics have never produced compelling evidence to support the claim.
Despite years of such statements by various people, Omar has never sued for defamation. It is a curious omission, since a successful lawsuit would dramatically reduce such claims, and even as a public official she could likely show actual malice in many of her critics.
Conversely, such litigation would also expose Omar to a lengthy discovery process regarding her family’s immigration history and related family issues.
I have taught defamation for over three decades, and it is rare for such an allegation to linger without some legal action by the subject. On its face, this would be a strong defamation case if the allegation is false.
The allegation would fall into one of the “per se” categories of defamation. Under the common law, these per se categories of defamation allow for presumed damages and include: (1) disparaging a person’s professional character or standing; (2) alleging a person is unchaste; (3) alleging that a person has committed a criminal act or act of moral turpitude; (4) alleging a person has a sexual or loathsome disease; and (5) attacking a person’s business or professional reputation. The language differs among the states, but the Omar allegation would constitute a criminal act as well as an attack on her character and reputation.
As a threshold matter, Omar would face a higher standard of proof due to her status as a public official. In New York Times v. Sullivan, the Supreme Court established the actual malice standard, requiring public officials to shoulder the higher burden of proving defamation. Under that standard, an official would have to show either actual knowledge of its falsity or a reckless disregard of the truth. That standard was later extended to public figures.
Many critics are calling the “allegations” worthy of investigation. That is certainly protected. However, it is common to see people on television claim that she married her brother as a factual statement.
The publication of DNA results would disprove these allegations. (There are no allegations of an adopted status for the brother).
If such evidence exists, it would not just be conclusive but compelling for a jury. The question is why Omar has not elected to bring such a case, given the vast array of choices of potential defendants within the statute of limitations. It is a target-rich environment for a defamation lawyer.
As for the president, he has continued to raise the allegation: “If I married my sister to get my citizenship, do you think I’d last for about two hours or something less than that? She married her brother to get in. Therefore, she’s here illegally. She should get the hell out.”
However, he would not be a good target for such an action. The Federal Tort Claims Act, 28 U.S.C. § 2680(h), expressly bars libel, slander, or defamation claims against the United States or a federal employee acting within the scope of their employment. It is possible to sue a government employee acting outside of the scope of their employment. However, the Westfall Act protects federal employees from personal lawsuits for torts committed within the scope of their employment and substitutes the U.S. government as the defendant under the FTCA. Since the FTCA bars liability, it works to force dismissal in cases.
Moreover, this is not just another federal employee. The President also has immunity under Article II and prevailing Supreme Court caselaw. In 1982, the Supreme Court handed down Nixon v. Fitzgerald, holding that former President Richard Nixon was immune from civil suits concerning actions within the “outer perimeter” of his official duties. In 1997, the Court ruled in Clinton v. Jones that President Bill Clinton was not immune from a civil suit filed by Paula Jones — who had accused Clinton of sexual harassment — because the case involved unofficial conduct on the part of the president.
This issue is still being litigated in the case of E. Jean Carroll, who won a significant civil award against the President in New York. The United States Court of Appeals for the Second Circuit rejected the applicability of the 2024 Supreme Court ruling recognizing broad criminal immunity for former presidents as inapplicable to the civil case.
These are statements being made during a presidency and can be claimed as privileged and immune by President Trump.
The same cannot be said for a myriad of pundits and commentators who have stated this allegation as fact. Indeed, as if to drive home the point, today there is an article entitled “Yes, Ilhan Omar Married Her Brother.” You can’t get more clear than that and there is no statute of limitations problem or other legal barrier to a lawsuit. So why has not Omar sued anyone despite books and articles saying that she committed marital and immigration fraud?
In the end, such litigation would come down to truth as a defense. These critics are saying that Omar did marry her brother. Even if they did not have a good-faith basis for the assertion, proof that it was indeed true would still be a complete defense.
On the other hand, a defamation lawsuit could offer a dispositive judgment of a court on this lingering question. The question is now whether Rep. Omar will sue.
Trump is constantly bragging about all the cognitive tests he has been taking and declaring how great they are.
Kind of like someone bragging what a great driver they are because of all the breathalyzer tests they take.
If his doctors are doing all these cognitive tests, then they are tracking something.
A doctor gave me a cognitive test once. He started with, “What state are we in?” and I gave my usual answer, “California.” When he got to, “What hemisphere?” I told him Western. He said that was the wrong answer, because no one on Mars could tell which hemisphere was east or west, they could only tell north from south. That reminded me of the right-hand rule in 3d geometry and I had to admit I’d failed to consider the Martian perspective, so I learned something new from taking the test that I already knew.
Most people, even well known people, do not sue for defamation. Not suing is zero evidence that the allegation is true.
And zero evidence that it is false. Only facts we have is if untrue, she’s been defamed and isn’t suing her critics who she also reports as her mortal and hated enemies. If true, she would be crazy to sue her mortal and hated enemies.
It’s not “Tom HoLman”. The name is HOMAN.
(Despite years of such statements by various people, Omar has never sued for defamation.) Perhaps this can be explained as her not wanting ANY investigation into what has been going on in the state of Minnesota/Somalia. You know, the less looking into one thing is less chance that the true corruption could be exposed.
Whatever the case, islamists in general are not capable of being both loyal to their cult and loyal to any other national entity. We were aware of this but obama/autopen choose to ignore this (or count on this if you think that the best interests of the US was not on the top of their list). Now we have a problem much larger than omar and the news out of Ohio this morning is just adding to this growing problem.
I am waiting for some activist judge to step in any moment now.
You just repeated Turley’s post. Did you even read it first?
Problem?
Do you know the difference between repeat and affirm?
That’s because you are exactly the diesel powered moron Turley takes you to be.
There’s apparently a McCarthy esque investigation that’s driven by personal resentment. There is no case for a judge to jump in on.
There is, however, still plenty of reason to continue to wear that helmet around the house to protect against inevitable.
Party on!
In light of what’s been alleged and so far proven in Minnesota, and the allegations today of similar fraud in Ohio, it should be incumbent upon every state to audit where taxpayer money funneled by state officials to nonprofits eventually ends up, regardless of the Somali immigrant population of a state. My guess is that this fraud is not limited to Somalis and that the amount of fraud is massive.
As you wind yourself up to join another Roy cohn ish birther level conspiracy, joining forces with a guy openly working the immigration market for bribes, you prove yourself a despicable human being, Turley.
Have you been off your meds, again?
I’m afraid meds will do he/him/it no good as he/she/it is passed terminal with their TDS and the prolonged indoctrination has left it/er/his brain so impotent that there is no hope for recovery – all we can do is let it/him/her age out. – but hopefully not here. Are there old age homes for the indoctrinated to go so that they will no longer be a threat to society?
You not whimsical. You a dumb skank.
Perhaps you have heard of Grammarly – it is an app for the ignorant and illiterate – try it, it couldn’t hurt.
whimsicalmama,
Excellent analysis and assessment. Unfortunately there are no such facilities for the indoctrinated. And if there were, huge swaths of Americans would have to be committed.
To to be painfully blunt with the pig farmer…, it’s painful to watch you defile yourself so regularly on this blog. I’m embarrassed for you.
No one cares if you are embarrassed or not. My livestock are smarter than you.
Do you know who is embarrassed . . . about you? Your parents. What? Thirty something years old and still living in their basement. Drunk, fat and stupid is no way to go through life.
KEPT IT IN THE FAMILY!!! SICK!!
*Homan*? Border Tzar… Homan?
You mentioned the E Jean Carroll case. They over rode a statute of limitations on that, had zero evidence, she could prove absolutely nothing, and a fixed, biased jury came up with something close to what they wanted in order to get DJT. Even the dress/coat she said she was wearing that day (which she could not narrow down to a range of what year) had not been made yet in whatever time frame she gave. She is a hired nut case, and when the prosecutors, judge and jury have a severe bias, it is a kangaroo court and should be thrown out. But how can DJT get a FAIR trial anywhere?
Amen!
Turley has often suggested as he has here that a failure to sue is an admission of guilt. “The question is now whether Rep. Omar will sue.” In this case, whom would she sue. the Internet? Maybe she could sue the already immune President? Turley lives in a world where the ability to finance a lawsuit is a given, unless of course, you don’t pay your lawyers as was often the case with Donald Trump. People in a position to sue must consider the cost and the likelihood of recovering damages. Turley assumes that a victory in court will cause the defamation to cease, which is unlikely. People on this site continue to believe Barack Obama was born in Africa and no evidence to the contrary will convince them otherwise. The standard for proving a negative shouldn’t be whether one spends years in litigation at great expense. How about requiring her accusers to offer proof?
Enigma signifies something different rather than something in lock step.
You and all your friends on this forum chanted release the Epstein files for months on end but you won’t say release the DNA. Just like all the rest is not an enigma.
“How about requiring her accusers to offer proof?”
Funny how ‘proof’ only matters when it protects your side. If Omar’s accusers are lying, she has a straightforward, lucrative option: sue them. Until then, spare us the sudden conversion to evidentiary standards you never apply to Trump.
Or she can ignore idiots such as yourself Allan, knowing she has nothing to prove to them and their McCarthy esque tactics…, which is exactly what she’s doing.
You however continue to suffer with the highest form of cretinism.
You are such a dope. I don’t know if she committed immigration fraud or not, and never commented on the subject. I am fine with an investigation, and she should be as well, since if what she says is true, it would prove no fraud occurred.
That’s nonsense. Trump has forced three attempted prosecutions of AG James, lost them all, and will probably try again. Faced with this reality your logic is worthless, wrong and idiotic.
Once again, cornered, you prove yourself a dope. Unable to stay on topic, you revert to the TDS doper who can’t think past his next fix.
Omar’s gonna be scrubbing the DNA off her skin everyday like in the movie GATTACA.
enigmainblackcom you didn’t read the article. It identifies who she COULD easily sue if she’s innocent,
but is barred from suing if guilty. That’s the point the “likelihood of recovering damages.” would be very high if innocent of fraud.
If she’s innocent and wins, others defamatory comments would also result in an easy suit for her. Get it??
And you’re also right that she doesn’t have to prove anything but I imagine there is a bounty on her DNA now.
Her future behavior will reveal the truth anyway. However she also could easily prove it herself and stop the conversation unless she thinks the taint of somali-leaning fraud looks good for her re-election chances, then she’ll keep up that ruse.
I apparently read the article better than you did. Nobody besides the immune president is named.
What was American immigration law on January 1, 1863?
It looks like some people aren’t even supposed to be here, much less debate anything American.
Turley has often suggested as he has here that a failure to sue is an admission of guilt.
It’s been a while since the raging communist racist, enigmainblackcom, came by to drop one of his special Democrat Number Two loads on us here.
People on this site continue to believe Barack Obama was born in Africa and no evidence to the contrary will convince them otherwise.
That’s possible. But nowhere near the number who will regularly post here that they continue to believe the fictional and felonious Clinton/Obama “Russia Dossier” is true.
Or for that matter: still believe Bribery Joe was telling the truth when he said he didn’t know any of the family businesses customers, which country they were from, what their names were – and he most certainly never spoke with or actually met any of them.
Critical Black Racist Communist Theory 101.
On Thursday, President Donald Trump claimed to have pardoned an ally serving a prison sentence related to his efforts to contest the 2020 election results, in a move Colorado Democrats called “meaningless” due to his lack of authority. Now, her lawyer has backed the use of military forces to help get his client out of prison, per a report from The Independent.
And you want me to believe that MAGA believes in States rights?
BS.
trump is dernged and one day you will look back with embarrassment at your support of a racist, misogynist, fascist trump
Oh oh, its one of them. Should we tell him?
Want to see something really embarrassing? Blue state governors blocking No Taxes on Tips all because of their TDS. Anything Trump is for, Democrats are against, even if it means taxing those people who earn their income through tips.
Liberal States Blocking Historic Tax Cuts for Hardworking Americans and Workers
https://home.treasury.gov/news/press-releases/sb0331
The subject to day is Omar dumbass.
Gaming The System: Huge Proportion Of ‘Elite’ University Students Claiming Disabilities
“It’s rich kids getting extra time on tests,” an un-tenured professor at a selective university told The Atlantic’s Rose Horowitch. Apparently fearing backlash, he requested anonymity.
The numbers are jarring. Harvard and Brown’s undergraduate student body is 20% “disabled.” Amherst has hit 34%, while Stanford’s disability rate is a head-shaking 38%. At one unidentified law school, 45% of students have been awarded academic accommodations. In stark contrast, only 3 to 4% of students at public two-year colleges get disability accommodations.
“Obviously, something is off here,” observes Emma Camp at Reason. “The idea that some of the most elite, selective universities in America—schools that require 99th percentile SATs and sterling essays—would be educating large numbers of genuinely learning disabled students is clearly bogus.”
https://www.zerohedge.com/political/gaming-system-huge-proportion-elite-university-students-claiming-disabilities
The subject to day is Omar dumbass.
Tax court consolidates Clinton Foundation whistleblower cases, signaling progress towards trial
“A trial could reveal more about the facts that two outside experts assembled about the Clinton Foundation while investigating the group for possible tax violations.”
https://justthenews.com/government/courts-law/tax-court-consolidates-clinton-foundation-whistleblower-cases-signaling
DERNGED?? WHAT’S THAT ANON??? LIKE BIDEN SPEAKS!! ha ha ha ha ha ha ha
Omar is Muslim with the sole purpose of creating the universe their people force on us all.
No Muslim, and no one from Africa should be allowed into the US.
Well Doc, you fixit then.
Let a thorough investigation decide her immigration status. More importantly where’s one billion dollars of taxpayer money and can it be recovered? Maybe Omar can give us all her secret in increasing her wealth 3,500 percent in 2 years?
Do we sense a jealousy? She got a rich white husband and you just got a dog.
No jealousy for anyone who grows wealth through hard work and innovation but fraud I’ll let you defend that. As for my dog there’s no question the dog was born and bred in the U.S.
You left yourself wide open with the dog response. But… how do you know the white husband got his wealth the American way? Look at all the millionaires in congress. They walk in as paupers, now they’re filthy rich. Marjorie Taylor Green, is now worth 9 Mil. started with $50k. Wonder how that stupid cow managed that?
Well she and any others regardless of political affiliation should give accountability of unusual increased wealth while in office. It’s dog’s, Labrador retrievers, if you’re going to dwell on them they’d appreciate accuracy. Wuff wuff.
Margot,
Seems your Labrador retriever is more intelligent then the annony moron.
Seems the pig farmer is dumber than his pigs.
Annual reports are required. Account for increased wealth, why? Its not required.
Ya know what they say about dog owners? I’m guessing you’re uglier and fatter than them.
Hey, I probably am uglier and fatter than them but you know what Ugly doesn’t always show itself by appearance.
Ugly doesn’t always show itself by appearance…. you’re right, your mind is uglier.
What they say about dog owners is they tend to be better, smarter, nicer people than annony morons. My hogs are better, smarter and nicer than you.
“Marjorie Taylor Green, is now worth 9 Mil. started with $50k.”
Who is the stupid cow here?
She’s a bimbo from GA and you’re just a pig farmer. Who’s the stupid pig here?
She went from $50k to $9M. You live with your parents in their basement. Who is the stupid pig here? Not her. Not I. Just you.
Margot,
Great response!
She got a poor somali ex-husband though too, but she still has a brother! 2 for 1 I guess.
I bet dogs don’t like you.
They ranted and raved about all the Epstein files being released. I say let the brother’s DNA be released.
The best part about this post is why isn’t she calling for depositions of her accusers. If they have nothing to hide just release the Epstein files. If she has nothing to hide she could just release the DNA and this would all go away and make fools of her accusers. One would think that she would like nothing more than to prove them all wrong and cement herself in the annals of the Democratic party history. Glorified forever. But she wont. Was the marriage consummated?
Can’t have depositions without a suit. You’re not thinking. As usual.
Exactly Anonymous. Why doesn’t she file a suit and get it all over with? The question is why wont she.
You’re not thinking as usual. DUH
You’re still not thinking.
Here’s some conservative hate for you: I detest Omar, her politics, and her culture. If she perpetrated an immigration fraud then she and any other participants should be denaturalised and permanently banned from the US.
This story is so old that it has begun to reek. Either she married her brother or she did not. Investigate it, charge or don’t charge, put an end to the nonsense.
PS – we need an elite Mission Impossible team to surreptitiously gather DNA samples from Omar, her “brother”, Michelle Obama, and Brigitte Macron. These long-running tabloid quality narratives are ridiculous.
All the footwork has been done. Let Bondi do her thing now. In the meantime let’s all insult her online, see if she sues one of us. But the best bet is if Trump gets sued, then legal fireworks.
I’m sure Bondi will do her best to botch this case as well, she’s really good at that.
Even if she did commit some type of fraud, the SOL for immigration fraud is 10 years, so has long expired. Spend the time and money on something else. If there is a real issue there, let Congress investigate since they don’t appear to want to do anything else
10 years? Nope, there are mitigating circumstances galore here. Its still prosecutable.
Whig98,
Agreed. I would rather see them use their efforts to investigate the fraud in Minnesota.
Suing omar for immigration fraud is the best route for destroying her. The MN thing is just candy.
wig98, so we should just brush it under the rug and we should just forget about it?
Omar may have questionable tax form submissions based on who her dependents are on the tax forms submissions… husband, kids etc., then income, dedications,.
IRS in fraud cases has no SOL.
Got any Latin quotes today? SF.
Sorry to say that whatever happens down the road, the Democrats will support one of their own. They will pull out the stops, particularly the racist card once again. That is on the one side.
As to whether she will sue is simple. She will not, for in that event, all the evidence, shenanigans, and costs, particularly with the massive fraud in Minneapolis will become front and center. This could totally sink Walz and others in their machine politics.
Ilhan will not resign, as this is a indicator of her guilt. The bottom line is she’s in a world of hurt, and probably doesn’t know what to do right now. Maybe, she hopes, her MSM friends can help give her talking points.
Definitely, the Somali contingent in Minneapolis will be further discredited.
Interesting comment don. Usually I piss on your wacky insights, but today – a good one.
Turley completely fails to support his contention that “the election of a young immigrant to Congress is genuinely remarkable and commendable” with no qualification. Why is that automatically commendable? He also makes an apparent attempt to deflect by only obliquely referring to the obvious answer to the central question of why Omar would fail to litigate for defamation against the immigration fraud claims that are the subject of this column: that, in the process of discovery pertinent to that litigation, compelling evidence would be found supporting those claims. After dabbling for a few months in rational political discourse, Turley seems to be rapidly reverting to his leftist roots.
Its an opinion piece, not a court trial.
I would have expected this to be vetted prior to her joining congress as a prevention for her to susceptible to blackmail.
Are you joking, who vetted swalwell and his chinese whore, who vetted pelosi and her stocks, who vetted the autopen? You must either be totally and truly suffering from advanced TDS or you are paid very well to just spout nonsense; either way you are the loser here.
I’m a republican, I hate foreigners from Africa.
I see why you remain anonymous.
I see why you remain anonymous. With that face.. uggg
enigmainblackcom,
It is the annony moron. The same one who posted at 8:58 “Red meat post folks… bring on that famous conservative hate.” then posts that ^^ stupid comment in an attempt to slander Republicans.
bring on that famous conservative hate…. and we now have a response from a pig farmer.
It is not any kind of hate. It is just an observation that based on your response, proves to be true. This pig farmer just outsmarted you.
How marvelous!
He’s role-playing to discredit conservatives. He thinks it’s clever.
Red meat post folks… bring on that famous conservative hate.
Bring the famous TDS ANON!!
Anonymous just can’t ask the question. Was their sex involved in the transaction?
Anonymous the kinky sees no problem. Marry your brother, groom kids in elementary school, pay for LGBTQ++++++ comic books in Africa. Anonymous sees a kink and she jump right in it.
Never forget.
So you want to get the ditty on her sex life and habits huh? Fing perv.
Hey Anonymous, you were the one who wanted books in schools that were about ten year old boys performing oral sex on one another. Who’s the perv.
Actually I wanted you to send us your kiddie porn collection.
TiT,
Ah, yes. There is that little fact of the pedos wanting pornography in elementary school libraries.
I am a conservative, i.e., a believer in the principles of the founding fathers, and the Constitution. I am unaware of any significant “conservative hate.” Indeed, a diet of anti-conservative hate is familiar to most of us who are still lucid. Omar is anti-American, and likely involved n fraud, which has been uncovered in her district, mainly by Somalis and Somali-Americans. To not express unconditional love for the woman is an expression of disgust for serious fraud on American taxpayers.