In a surprising turn of events, the conviction of former Nebraska congressman Jeff Fortenberry has been overturned by a federal appeals court. The court ruled that Fortenberry’s trial, which centered on charges of lying to authorities investigating illegal contributions to his 2016 reelection campaign, was conducted in the wrong location.
The 9th U.S. Circuit Court of Appeals declared that the trial should not have taken place in Los Angeles, where Fortenberry’s campaign allegedly received $30,000 from Lebanese-Nigerian billionaire Gilbert Chagoury. The court reasoned that the trial’s location was determined merely because federal agents who later interviewed Fortenberry worked in Los Angeles.
Writing on behalf of a three-judge panel, Judge James Donato emphasized that the U.S. Department of Justice could now pursue a new trial in either Nebraska or Washington, D.C., where Fortenberry had consistently denied any knowledge of illegal contributions.
Prosecutors contended that Chagoury made the $30,000 donation through “straw donors” during a campaign fundraiser in Los Angeles, a violation of federal law that prohibits foreign nationals from contributing to political campaigns.
Donato, a district judge usually based in San Francisco, criticized the trial’s placement in California, arguing that it was an “outlandish outcome” inconsistent with constitutional principles. The appeals court, convened in Pasadena, California, concurred with this assessment.
A spokesperson for U.S. Attorney Martin Estrada in Los Angeles acknowledged the potential for a retrial, stating, “We are evaluating potential next steps before deciding how best to move forward.”
Fortenberry, who served Nebraska’s 1st congressional district for 17 years before resigning in March 2022, expressed gratitude for the Ninth Circuit’s decision in a statement. He, along with his wife Celeste, thanked those who stood by them during this challenging time.
It’s worth noting that Chagoury previously paid a $1.8 million fine in December 2019 to settle a Justice Department probe related to illegal contributions amounting to $180,000 for four candidates in federal elections.
As the legal saga unfolds, the case is identified as U.S. v. Fortenberry, 9th U.S. Circuit Court of Appeals, No. 22-50144. The implications of this reversal will undoubtedly reverberate within the legal and political spheres.
