Could Congress Remove Ilhan Omar? Legal Experts Say the Landmark Powell Ruling May Not Protect Her, and the Path Is 'Uncharted'
John Yoo and Cully Stimson describe two routes: refusing to seat her if citizenship fails, or expelling her by a two-thirds vote. Omar denies wrongdoing and no finding against her has been made.
President Trump's call to remove Rep. Ilhan Omar could set up a constitutional fight, and legal experts told Fox News Digital that a famous Supreme Court precedent may not block it.
The background. Federal investigators are examining whether Omar improperly obtained U.S. citizenship through allegedly fraudulent immigration paperwork involving her late father. Omar has denied wrongdoing, and no finding that she lacks citizenship has been established. Mr. Trump has urged her resignation or expulsion, citing reports that she used a pseudonym when sworn in and "married her brother." "Let's get her the Hell out of there," he said Monday in Mississippi.
The precedent. In Powell v. McCormack, the Supreme Court blocked the House's 1967 move to exclude Rep. Adam Clayton Powell Jr., who had been reelected despite allegations of misusing funds. The Court held that Congress cannot refuse to seat a duly elected member who meets the Constitution's qualifications.
Route one: exclusion. Former Justice Department official John Yoo said Powell "essentially means that Congress cannot add on" to the constitutional minimums, but because citizenship is written into the Constitution, Congress can enforce it. Cully Stimson said Powell concerned qualifications, not expulsion, and pictured a January showdown if evidence on her citizenship surfaced before the new Congress is sworn in. He said that even if the irregularities began with her father, the question is whether she legally acquired citizenship, calling it "binary." Omar would likely sue.
Route two: expulsion. A member can be seated and then expelled for misconduct by a two-thirds House vote, a power Powell did not address. Rep. Randy Fine, a Florida Republican, said Friday that if she is found not to be a citizen, "I absolutely will demand expulsion immediately." Stimson pointed to the 2023 expulsion of George Santos, where the House acted on conduct that began before he took office. Stimson called Omar's case "largely uncharted waters" but said Santos could be a guide.
The separate inquiry. Fox notes U.S. Attorney Jeanine Pirro has confirmed a separate look at Omar's financial disclosures, after scrutiny of businesses tied to her husband, Timothy Mynett. No financial wrongdoing has been established.
Note for readers: these are legal opinions about hypotheticals. Nothing in the report shows the Justice Department has reached a conclusion on Omar's citizenship, and Fox says it asked her for comment.