As we reported on Tuesday, Florida Gov. Ron DeSantis called for Rep. Ilhan Omar (D-Minn.) to be expelled from Congress, denaturalized, and deported after the controversial congresswoman declared she was “Somalian first, Muslim second,” and that she was “here to protect the interests of Somalia from inside the U.S. system." On Wednesday, legal scholar Jonathan Turley poured cold water on the notion.

Simply put, Turley said Omar can't be denaturalized for exercising her First Amendment rights.

Speaking to a gathering of community leaders at a Minneapolis hotel on Saturday night, Omar delivered a Somali-language speech, declaring in part:

The U.S. is a country where one of your daughters is in Congress to represent your interest. For as long as I am in the US Congress, Somalia will never be in danger, its waters will not be stolen by Ethiopia or others … Sleep in comfort, knowing I am here to protect the interests of Somalia from inside the US system. 

We, as Somalians, love each other... people who know they are Somalians first and Muslim second who protect one another and come to each other’s aid and to the aid of other Muslims too.

Omar failed to mention where her loyalty to America comes in on her list — or if it even makes the list.

Ilhan Omar, an American congresswoman, tells Somalians that she is Somalian first, Muslim second, and… [no, American wasn’t even mentioned].

Oh, and she says that her primary job in Congress is to protect Somali interests. pic.twitter.com/ex5IlkAkR2

— Marina Medvin 🇺🇸 (@MarinaMedvin) January 28, 2024

After noting that Omar's speech has led to calls for expulsion from Congress and denaturalization, Turley wrote:  "Neither would be appropriate," in his view.

The speech is clearly protected under the First Amendment. Omar is not advocating imminent violent or criminal conduct. She is expressing her personal priorities and loyalties. 

The omission of an expression of loyalty to the United States has left many irate and insulted. However, it is still protected speech. Indeed, burning an American flag and condemning America are protected forms of free expression.

Turley was right on both counts. While Omar's speech might be anathema to patriotic Americans, so is burning an American flag — yet both are protected under the First Amendment.

The renowned legal scholar further explained:

The growing calls for denaturalization are disconnected from governing constitutional and statutory standards.

The authority to denaturalize is implied in the language of Article I, Section 8, Clause 4:

“[The Congress shall have Power . . . ] To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States…”

Denaturalization is largely based on the granting of citizenship based on fraudulent or false representations. In Johannessen v. United States, 225 U.S. 227, 241 (1912), the Court held that  “[a]n alien has no moral nor constitutional right to retain the privileges of citizenship if, by false evidence or the like, an imposition has been practiced upon the court, without which the certificate of citizenship could not and would not have been issued.” A failure “to comply with any of these conditions renders the certification of citizenship ‘illegally procured,’ and naturalization that is unlawfully procured can be set aside.”

Yes, it's frustrating, particularly given Omar's propensity for pro-radical, seemingly anti-American rhetoric. But here's the irony, as Turley wrote (emphasis, mine):

Others can condemn Rep. Omar’s comment, but they cannot strip away her citizenship due to her exercise of free speech.

The greatest disconnect in these calls is that Omar would be stripped of her citizenship for exercising the very right that defines us as citizens.

We are loyal Americans because we are bound by a type of covenant of faith in our Constitution, the commitment to each other that we will fight for the rights of our neighbors regardless of whether we agree with their values or views.

"This country is not endangered by a lack of patriotism or even a lack of loyalty in others," Turley wrote, concluding: "It is threatened by allowing our anger to blind us to the denial of the very thing that defines us."

Again, while it might be frustrating to some of us and angering as hell to others, as hard as it is to admit, Jonathan Turley was right.

Now, if Ilhan Omar voluntarily decided to return to Somalia, I'd be more than willing to chip in on a one-way ticket.

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