A federal appeals court has overturned the conviction of former Rep. Jeff Fortenberry for lying to federal investigators, ruling that he was not tried in the proper venue.
“The Constitution plainly requires that a criminal defendant be tried in the place where the criminal conduct occurred,” the 9th Circuit Court of Appeals ruled Dec. 26.
Nebraska Republican Fortenberry had been found guilty by a federal jury of making false statements to FBI agents in interviews about foreign campaign donations that took place in Lincoln, Nebraska, and Washington, D.C.
Fortenberry served in Congress from 2005 until he resigned in March of 2022. The previous October, he had left his position as ranking member of the House agricultural appropriations subcommittee upon his indictment. Prior to serving on the appropriations committee, he served on the House Agriculture Commitee.
The trial was held in Los Angeles, which the district court judge presiding over the case concluded was proper because “venue could properly include any ‘district in which the effects of the false statement [were] felt,’” the appeals court said in its opinion.
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The Justice Department agreed with that stance and also contended that “communications can be prosecuted as ‘continuing offenses’ that ‘span space and time,’” the court said before rejecting both arguments.
Fortenberry was charged with lying to federal investigators but not with violating campaign finance laws for receiving $30,000 from a foreign national.
The U.S Attorney’s Office in Los Angeles said in a statement that the ruling does not preclude a retrial of Fortenberry on charges of making false statements. The Washington Post reported that Fortenberry was “gratified” by the decision.
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