GREGG JARRETT: Obama attacks Trump over Omar probe but there’s a big twist
Obama's DHS and FBI found evidence of a sham marriage in 2016 but dropped the probe over statute of limitations concerns
Published October 29, 2026 4:10pm EDT Updated October 29, 2026 4:14pm EDT
Fox News chief congressional correspondent Chad Pergram reports on a past federal investigation into Rep. Ilhan Omar involving possible marriage fraud, as questions persist about her immigration history and eligibility to serve in Congress.
We have come to expect sanctimony mixed with hypocrisy from Barack Obama. But his latest endeavor turns out to be a doozy.
Preaching his usual moral superiority, the former president recently took to social media to inveigh against the current president for targeting Democratic Rep. Ilhan Omar of Minnesota with a criminal investigation. He called it "appalling."
Obama should have sat this one out at his luxurious spread on Martha’s Vineyard.
Lo and behold, he did the same thing when he was president. And Omar was the target. But, of course, the probe was kept under wraps. Until now.
Reporting by The New York Times reveals that Obama’s Department of Homeland Security and the FBI did a deep dive in the summer of 2016 into whether Omar entered into a sham marriage with her alleged brother, Ahmed Nur Said Elmi, to enable him to secure a green card.
Brace yourself for the result. That investigation "found some evidence that it was fraudulent," according to the Times.
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Accusations of marriage fraud have long dogged Omar, who has consistently dismissed them as politically driven and a right-wing conspiracy. So much for that argument.
The latest investigation that culminated in a judicially ordered search of Omar’s home on October 12, 2026, reportedly encompasses not only the suspect marriage but troubling questions over whether she ran afoul of the law by using a fake name and false birth date to obtain citizenship. A separate investigation is examining her financial transactions.
Accusations of marriage fraud have long dogged Omar, who has consistently dismissed them as politically driven and a right-wing conspiracy. So much for that argument.
The latest investigation that culminated in a judicially ordered search of Omar’s home on October 12, 2026, reportedly encompasses not only the suspect marriage but troubling questions over whether she ran afoul of the law by using a fake name and false birth date to obtain citizenship. A separate investigation is examining her financial transactions.
The Obama-era inquiry did not end because of insufficient evidence. Instead, the Times divulges that it was shelved "because prosecutors concluded that the potential crime, a felony, fell outside a five-year statute of limitations." The newspaper’s story relied on statements by current and former officials with knowledge of the first case.
That decision to mothball any legal action against Omar makes little sense, unless one factors in political favoritism by Obama and his prosecutorial cohorts.
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It is true that marriage fraud is a federal felony governed by a five-year statute of limitations under 8 U.S.C. § 1325(c). However, the clock runs from the last overt act of fraud or submission of false documents, not the date of the wedding ceremony itself in 2009.
Taking steps to later obtain a green card would qualify as an overt act, as would document fraud (18 U.S.C. § 1546). So, too, would any act to cover up a sham marriage or efforts to conceal it. Indeed, it would constitute additional crimes such as conspiracy (18 U.S.C. § 371) and obstruction of justice or obstruction of proceedings (18 U.S.C. §§ 1505 and 1512).
Elmi abandoned his quest for a green card and left the U.S. for London sometime in 2011 when disturbing questions reportedly arose over his application. His actions and any misrepresentations associated with Omar might have brought the case within the permissible statute of limitations.
But never mind all of that.
It is true that marriage fraud is a federal felony governed by a five-year statute of limitations under 8 U.S.C. § 1325(c). However, the clock runs from the last overt act of fraud or submission of false documents, not the date of the wedding ceremony itself in 2009.
Taking steps to later obtain a green card would qualify as an overt act, as would document fraud (18 U.S.C. § 1546). So, too, would any act to cover up a sham marriage or efforts to conceal it. Indeed, it would constitute additional crimes such as conspiracy (18 U.S.C. § 371) and obstruction of justice or obstruction of proceedings (18 U.S.C. §§ 1505 and 1512).
Elmi abandoned his quest for a green card and left the U.S. for London sometime in 2011 when disturbing questions reportedly arose over his application. His actions and any misrepresentations associated with Omar might have brought the case within the permissible statute of limitations.
But never mind all of that.
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Obama’s DHS and DOJ could have pursued a simpler approach under civil (not criminal) immigration fraud. Orchestrating a scheme to illegally obtain U.S. immigration status or benefits carries severe legal consequences.
Obama’s DHS and DOJ could have pursued a simpler approach under civil (not criminal) immigration fraud. Orchestrating a scheme to illegally obtain U.S. immigration status or benefits carries severe legal consequences.
There is no statute of limitations.
If the Obama administration had chosen this logical course, it could have led to Omar’s denaturalization and subsequent deportation. The standard of proof is "clear and convincing evidence," much lower than in criminal prosecutions.
It is unclear, but curious, why this legal road was never taken. We only know that authorities under Obama shuttered the case and buried the investigation. Preferential treatment? Political cronyism? It has the unmistakable stench.
This makes Obama’s social media screed against President Trump even more outlandish. Trump is doing what Obama did, except that Trump’s administration has expanded the Omar inquiry into areas where the former president’s prosecutors refused to go.
They should have gone there.
If the Obama administration had chosen this logical course, it could have led to Omar’s denaturalization and subsequent deportation. The standard of proof is "clear and convincing evidence," much lower than in criminal prosecutions.
It is unclear, but curious, why this legal road was never taken. We only know that authorities under Obama shuttered the case and buried the investigation. Preferential treatment? Political cronyism? It has the unmistakable stench.
This makes Obama’s social media screed against President Trump even more outlandish. Trump is doing what Obama did, except that Trump’s administration has expanded the Omar inquiry into areas where the former president’s prosecutors refused to go.
They should have gone there.
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Obama’s harangue on X accused Trump of selectively targeting Omar without ever disclosing that his own administration investigated her first. That was dishonesty by omission. A mere oversight? Doubtful.
Obama also pronounced as true certain facts about Omar’s age that may not be true at all. He declared with absolute confidence that she was 17 years old when she applied as a minor for derivative citizenship based on her father’s citizenship.
But her age and birth date are still very much in dispute. Her autobiography and other documents undermine Obama’s claim, indicating that Omar may have been an adult of 18 years and legally ineligible for the type of citizenship that she procured. If she or her father made false statements or committed fraud, it would nullify her citizenship and could lead to removal from the U.S.
This is not an "unsubstantiated theory," as Obama asserts in his social media post.
The former president accuses Trump of "intimidation" and laments that he is deploying "the full weight of the federal government" to bring down "a law-abiding elected official because she has dared to criticize the president." Spare us the duplicitous pearl-clutching.
Obama’s harangue on X accused Trump of selectively targeting Omar without ever disclosing that his own administration investigated her first. That was dishonesty by omission. A mere oversight? Doubtful.
Obama also pronounced as true certain facts about Omar’s age that may not be true at all. He declared with absolute confidence that she was 17 years old when she applied as a minor for derivative citizenship based on her father’s citizenship.
But her age and birth date are still very much in dispute. Her autobiography and other documents undermine Obama’s claim, indicating that Omar may have been an adult of 18 years and legally ineligible for the type of citizenship that she procured. If she or her father made false statements or committed fraud, it would nullify her citizenship and could lead to removal from the U.S.
This is not an "unsubstantiated theory," as Obama asserts in his social media post.
The former president accuses Trump of "intimidation" and laments that he is deploying "the full weight of the federal government" to bring down "a law-abiding elected official because she has dared to criticize the president." Spare us the duplicitous pearl-clutching.
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Obama expressed no moral outrage when his successor, Joe Biden, targeted his political opponent with criminal indictments. Going back further to his own presidency, Obama’s dirty fingerprints were all over the initial stages of the government’s damaging investigation of Trump in the phony collusion scandal.
Obama seems to think that Americans are simpletons with anterograde amnesia. It resembles contempt.
The New York Times report exposes Obama’s glaring double standard for what it is — a transparently insincere attack based on shallow evidence. This comes as no surprise.
Obama always seems confident in his righteousness in an irritatingly pious way. Ever the charlatan, he pretends to be holier-than-thou. Sometimes the truth catches up with him.
But don’t expect Obama to change now that his hypocrisy has been revealed. That would require earnest introspection.
Obama expressed no moral outrage when his successor, Joe Biden, targeted his political opponent with criminal indictments. Going back further to his own presidency, Obama’s dirty fingerprints were all over the initial stages of the government’s damaging investigation of Trump in the phony collusion scandal.
Obama seems to think that Americans are simpletons with anterograde amnesia. It resembles contempt.
The New York Times report exposes Obama’s glaring double standard for what it is — a transparently insincere attack based on shallow evidence. This comes as no surprise.
Obama always seems confident in his righteousness in an irritatingly pious way. Ever the charlatan, he pretends to be holier-than-thou. Sometimes the truth catches up with him.
But don’t expect Obama to change now that his hypocrisy has been revealed. That would require earnest introspection.
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