This is precisely what the Department of Justice under President Joe Biden needs in the new year: The overturning of a prominent Republican conviction by an appeals court.
A federal appeals court overturned the 2022 conviction of former Nebraska Republican Rep. Jeff Fortenberry for lying to the FBI on December 26. The court ruled that the case was not tried in the appropriate venue.
“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,” U.S. District Judge James Donato stated in his ruling, as reported by The Hill.
“The Constitution does not permit this. Fortenberry’s convictions are reversed so that he may be retried, if at all, in a proper venue.”
The legal dispute pertained to a campaign contribution of $30,200 made by a Nigerian businessman to Fortenberry in 2016.
“During interviews with the FBI, Fortenberry told investigators that he was unaware of any illegal contributions to his campaign,” The Hill reported. “But court filings indicate the agency had listened into an earlier phone call, in which a cooperating witness told Fortenberry that the Nigerian businessman was likely the source of the $30,200 donation.”
Nevertheless, the evidentiary support for Fortenberry’s conviction was not in question. It was the location of the incident. Not in Los Angeles, where he was tried, but at his residence in Lincoln, Nebraska, and his attorney’s office in Washington, D.C., did the FBI conduct interviews with Fortenberry.
A layperson might have been excused for suspecting that DOJ prosecutors were venue-shopping for an unfavorable location to Republicans. However, prosecutors attempted to justify their decision by stating that the investigation was being conducted from the FBI field office in the City of Angels, and the alleged false statements had an impact on the FBI’s inquiry at that location.
“We conclude that an effects-based test for venue of a Section 1001 offense has no support in the Constitution, the text of the statute, or historical practice,” Donato wrote for the appeals court.
Clearly an agitator for Trump, Judge Donato is a stooge. However, his appointment was made by… former President Barack Obama. He must have truly deceived Barry.
President Biden appointed the remaining two justices on the panel: Salvador Mendoza Jr. and Gabriel Sanchez. Biden was susceptible to deception.
The significance of this case is not entirely determined by whether or not Fortenberry is retried; however, the former representative, who served in the House from 2005 to 2022, conveyed gratitude on his and his wife’s behalf.
More on this story via The Western Journal:
“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 said via a statement.
Instead, the real effects behind the Fortenberry ruling are going to be felt in how the DOJ goes forward after the Fortenberry humiliation with two very political trials that loom in the imminent future. CONTINUE READING…