The United States Court of Appeals made a significant ruling on Tuesday, overturning the conviction of former US Representative Jeff Fortenberry for making false statements to federal authorities regarding illegal campaign contributions. The court found that the case against the Nebraska Republican was improperly charged in the wrong jurisdiction.
Fortenberry was initially convicted in 2022 on three felony charges. These charges stemmed from allegations that he had lied during two meetings with the FBI, claiming ignorance of illegal contributions made by a foreign national to his 2016 reelection campaign.
However, the appeals court unanimously decided that the case was incorrectly prosecuted in Los Angeles, where the investigation into campaign finance was centered, rather than in Nebraska or Washington, DC, where Fortenberry’s meetings with the FBI agents and the alleged falsehoods occurred.
Judge James Donato, in his written opinion, highlighted the constitutional issue with the trial’s location, stating, “Fortenberry’s trial took place in a state where no charged crime was committed, and before a jury drawn from the vicinage of the federal agencies that investigated the defendant.” He emphasized that such an outcome was inconsistent with constitutional principles.
As a result of this ruling, Fortenberry’s convictions have been reversed. This opens the possibility for a retrial, but only in an appropriate venue. The Justice Department has yet to decide whether to retry the case in either Nebraska or Washington, DC.
Following the appeals court decision, Fortenberry expressed his gratitude in a statement to CNN, thanking those who supported him through the process. He had resigned from his congressional position last year following his initial conviction, citing his inability to serve effectively. It’s important to note that Fortenberry was never accused of breaking federal election laws.