A federal appeals court on Tuesday threw out the conviction of a former Nebraska representative for lying to the FBI about illegal campaign contributions. The court determined that the trial took place in the wrong venue.
The Ninth Circuit Court of Appeals stated that the former representative should have been tried in Nebraska or Washington, D.C., where the alleged false statements were made, rather than in California where the trial was held.
"The defendant's trial occurred in a state where no crime was committed and before a jury selected from the area where the federal agencies that investigated the defendant are located. This is unconstitutional. The defendant's convictions are overturned, allowing for a potential retrial in the appropriate venue," wrote U.S. District Judge James Donato in a 23-page opinion.
In 2022, a jury found the Republican guilty of lying to federal authorities regarding a $30,000 illegal campaign contribution made by a foreign national at a 2016 fundraiser in Los Angeles.
He was accused of lying during two interviews in 2019 with FBI agents who were looking into the illegal contributions and whether Fortenberry knew about them. The interviews occurred at Fortenberry's home in Nebraska and his lawyer's office in Washington.
As such, Fortenberry was not charged with violating election law but rather with lying to investigators. Donato noted in the decision that the district court had found that this type of violation could be tried "not only where a false statement is made but also where it has an effect on a federal investigation," but the appeals court said that "the Constitution plainly requires that a criminal defendant be tried in the place where the criminal conduct occurred."
Fortenberry, who resigned from Congress after the conviction, was sentenced to two years of probation and a $25,000 fine.
Fortenberry said in a statement that he and his wife were "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," he said.
The Justice Department did not immediately respond to a request for comment.
