Ex-Rep. Fortenberry’s Conviction Overturned: Lies about Donations Unraveled in Appeals Court

Former US Rep. Jeff Fortenberry was wrongfully convicted of lying to federal investigators about unlawful campaign donations, according to a federal appeals court. The Tuesday ruling shows a jurisdictional issue in the Nebraska Republican complaint.

Appeals court overturns ex-Rep. Jeff Fortenberry’s conviction for lying about donations (Photo: Allsides)

Jurisdictional Errors Unravel Fortenberry’s Convictions: Appeals Court Decision

Former US Rep. Jeff Fortenberry was convicted of three felonies in 2022 for lying to the FBI in two sessions. He was accused of concealing foreign national funds for his 2016 reelection campaign. However, a federal appeals court unanimously reversed the convictions for jurisdictional mistakes.

The court ruled that Fortenberry was wrongfully accused in Los Angeles, where the campaign finance inquiry was based, rather than Nebraska or Washington, DC, where he met and misled FBI investigators.

In his judgment, Judge James Donato noted the constitutionality of having Fortenberry’s trial in a state with no alleged crime and before a jury near the investigating federal authorities. Fortenberry may be retried in a suitable forum.

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Future Legal Challenges and DOJ’s Ambiguous Stance

If a retrial is attempted, charges must be presented in Nebraska or Washington, DC, restarting the case. The Justice Department’s position is uncertain.

The US attorney’s office for the Central District of California, where the erroneous charges were brought, has not responded to the court’s judgment. Fortenberry praised supporters and the Ninth Circuit for overturning his and Celeste’s convictions. After his 2022 convictions, Fortenberry resigned, citing his inability to serve. He was never prosecuted for breaching federal election laws.

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