Appeals Court Overturns Verdict of Former GOP Rep. Fortenberry
A stain on the Republican Party has been removed courtesy of the appellate court.
Former Rep. Jeff Fortenberry (R-NE), who had been convicted of lying to the FBI regarding donations made to his campaign, had the verdict overturned on appeal.
This actually had nothing to do with the merits of the case but rather where the case was tried.
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Fortenberry had been convicted for lying to the FBI during an investigation regarding a $30,000 donation from Gilbert Chagoury.
Chagoury is a Lebanese Nigerian billionaire who made the donation during a 2016 fundraiser in Los Angeles, which is why the case was tried in California.
After Fortenberry was convicted, he resigned his seat and announced that he would be immediately filing an appeal.
The 9th Circuit Court of Appeals overturned the decision, ruling that he should have been tried in D.C. or in Nebraska, not in California because the alleged crime did not take place in California.
Even though the fundraiser was held in California, Fortenberry was interviewed by the FBI by Los Angeles-based FBI agents in Lincoln, NE, and at his attorney’s office in D.C.
As noted above, he was not charged with campaign finance violations, but rather lying to the agents, so the case should have been tried where the alleged crime took place, not where the agents were based.
Thom Mrozek, a spokesman for the US Attorney's Office in LA, stated, "The ruling does not preclude a retrial on the charges that then-Congressman Fortenberry made multiple false statements to federal agents.
"We are evaluating potential next steps before deciding how best to move forward."
Fortenberry responded to the court’s decision as well, stating, "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."
So, the question now becomes a 5th Amendment issue, specifically the Double Jeopardy Clause, if Fortenberry can be tried for the crime again in the proper jurisdiction.
