Former Nebraska Rep. Jeff Fortenberry, a Republican who served nine terms in Congress, is appealing his conviction on charges of lying to FBI agents. Fortenberry was convicted in March 2022 on three felony charges related to alleged foreign donations to his 2016 re-election campaign.
During an appeal hearing at the 9th Circuit Court of Appeals, one of the judges, James Donato, expressed support for Fortenberry’s argument that the Justice Department violated his rights by trying him in Los Angeles instead of Nebraska or Washington, D.C., where the alleged false statements occurred. Donato questioned why a case involving a Nebraska citizen elected to represent the people of Nebraska would be tried in Los Angeles.
However, it remains uncertain whether Fortenberry will find a second vote on the panel to overturn his conviction and grant him a new trial in Nebraska or Washington. Another judge on the appeal, Salvador Mendoza, seemed to lean towards the prosecution’s argument that a false statement charge can be filed where the statement was expected to have an impact, rather than only where it was uttered.
Fortenberry resigned from Congress in March 2022 following his conviction. The charges against him included a scheme to deceive the FBI about his knowledge of certain campaign donations, making false statements to the FBI in interviews at his Nebraska home and in Washington, D.C. Prosecutors alleged that Fortenberry lied about his knowledge of a donation made by a wealthy businessman through intermediaries at a 2016 fundraiser in California.
Fortenberry’s defense argued that he may have been distracted or had a poor phone connection when he was informed about the source of the funds. The defense claimed that Fortenberry was active in advocating for persecuted Christians overseas and came into contact with the individuals involved in connection with that work.
Although Fortenberry did not receive a jail sentence, he was sentenced to two years of probation and a $25,000 fine. His appeal focuses on the alleged false statements made to investigators, rather than charges related to accepting conduit contributions or submitting false campaign finance reports.
The judges on the panel did not announce a final decision or ruling during the appeal hearing.
What is the basis of Jeff Fortenberry’s appeal in seeking to overturn his conviction for lying to FBI agents?
Former Nebraska Rep. Jeff Fortenberry, a Republican who had a long career in Congress, is now seeking to overturn his conviction for lying to FBI agents. Fortenberry was found guilty in March 2022 on three felony charges related to alleged foreign donations to his 2016 re-election campaign.
During an appeal hearing at the 9th Circuit Court of Appeals, Judge James Donato seemed sympathetic to Fortenberry’s argument that the Justice Department violated his rights by trying him in Los Angeles instead of Nebraska or Washington, D.C., where the alleged false statements took place. Donato questioned why a case involving a Nebraska citizen elected to represent the people of Nebraska would be tried so far away.
However, it is unclear whether Fortenberry will find the necessary support to have his conviction overturned and be granted a new trial in Nebraska or Washington. Judge Salvador Mendoza appeared to lean towards the prosecution’s argument that a false statement charge can be filed in the jurisdiction where the statement was expected to have an impact, rather than only where it was uttered.
Fortenberry resigned from Congress after his conviction earlier this year. The charges against him stemmed from accusations that he deceived the FBI about his knowledge of certain campaign donations and made false statements during interviews with the FBI in Nebraska and Washington, D.C. Prosecutors claimed that Fortenberry lied about his awareness of a donation made by a wealthy businessman through intermediaries at a fundraiser in California.
Fortenberry’s defense team asserted that he may have been distracted or had a poor phone connection when he was informed about the source of the funds. They argued that Fortenberry’s involvement with advocating for persecuted Christians overseas led to his association with the individuals connected to the case.
While Fortenberry did not receive a prison sentence, he was sentenced to two years of probation and ordered to pay a $25,000 fine. His appeal primarily centers on the alleged false statements made to investigators, rather than the charges related to accepting conduit contributions or submitting false campaign finance reports.
The panel of judges has not yet issued a final decision or ruling following the appeal hearing.
It’s disappointing to see a former representative resorting to appeals instead of taking responsibility for their actions. Lying to federal agents undermines the trust and integrity of our justice system. The appeal only prolongs the inevitable consequences of the crime committed.
It’s disappointing to see yet another former public official appealing a conviction for lying to federal agents. The integrity and trustworthiness of our elected representatives should always be held to the highest standards.