A longtime Republican lawmaker is no longer a convicted felon, but he could face a second trial.
On Tuesday, a federal appeals court overturned the 2022 conviction of former Rep. Jeff Fortenberry (R-Neb.).
A Los Angeles jury convicted Fortenberry last year for lying about illegal campaign contributions to FBI agents. Fortenberry’s punishment included two years probation, 320 hours of community service and a $25,000 fine.
Per The New York Times:
Mr. Fortenberry, 62, was convicted by a jury in March 2022 on three felony charges related to lying to the federal authorities about illegal campaign donations he received at a 2016 fund-raiser in Los Angeles.
During interviews at his home in Nebraska and at his lawyer’s office in Washington, D.C., he told federal investigators he was unaware that $30,000 in donations had originated from a Lebanese Nigerian billionaire, Gilbert Chagoury. As a foreign citizen, Mr. Chagoury was ineligible to contribute to an American candidate. But an F.B.I. agent had previously listened to a phone call in which a cooperating witness told the congressman about the source of the funds.
In reversing the conviction, the Ninth Circuit Court of Appeals ruled that prosecutors should’ve tried Fortenberry where he made his statements to federal agents: Washington, D.C. or Nebraska.
The Times correctly noted that, “Mr. Fortenberry was charged with and convicted of making false statements, not the receipt of the illegal contributions.”
“The constitution plainly requires that a criminal defendant be tried in the place where the criminal conduct occurred,” District Judge James Donato wrote on behalf of the court.
However, the three-judge panel said Fortenberry could be retried in the proper venue.
Thom Mrozek, a spokesman for the U.S. Attorney’s Office in Los Angeles, said in a statement that a retrial was possible.
“We are evaluating potential next steps before deciding how best to move forward,” he said.
In a statement made on behalf of himself and his wife, Fortenberry said: “We are gratified by the Ninth Circuit’s decision. Celeste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship.”
Fortenberry served in the U.S. House as the representative for Nebraska’s 1st Congressional District from 2005 to 2022. He resigned from Congress days after his conviction at the urging of Democrats and Republicans.
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