The Justice Department's prosecution of a Republican lawmaker for allegedly lying to the FBI is raising thorny issues about the use of surreptitious tactics during investigations into members of Congress
The trouble for Rep. Jeff Fortenberry dates back to a fundraiser in Glendale, Calif., in February 2016 that brought in more than $30,000 for his re-election campaign. | Andrew Burton/Getty ImagesThe Justice Department's prosecution of a Republican lawmaker for allegedly lying to the FBI is raising thorny issues about the use of surreptitious tactics during investigations into members of Congress.brought against Rep.
The FBI appears to have stumbled on the donations as part of a broader inquiry into Chagoury’s efforts to wield influence in the U.S. Within months of the fundraiser, they gained the cooperation of its host, who agreed to place a recorded call to Fortenberry in June 2018, as he faced another re-election bid, court papers say.
When the FBI went to interview Flynn at his White House office, an agent already had intercepts of his conversations with then-Russian ambassador Sergey Kislyak. Flynn’s lawyers would eventually argue that his allegedly false denials about the conversation couldn’t have affected any investigation because the FBI already knew what transpired.
Some lawyers say the FBI’s actions against Fortenberry are even more extreme because the only conversation he’s accused of lying about is one that the FBI not only monitored, but ginned up. But for the information allegedly relayed to the lawmaker in that call, there would be no prosecution. “I specifically asked Mr. Jenkins whether Mr. Fortenberry was considered a subject, target or witness in his investigation,” wrote Gowdy, who has stepped off the case since he could be called as a witness.
The motions challenging the case face an uphill battle, in part because deception is commonplace in police work. The Supreme Court has upheld a wide range of such tactics. But critics say their use against members of Congress raises the possibility of politically inspired mischief.seem to acknowledge that possibility by requiring that local federal prosecutors consult with DOJ headquarters about investigations involving federal lawmakers.
Brand thinks concerns about the propriety of such moves wouldn’t have held prosecutors back. “If it didn’t stop them with [Fortenberry,] why would it stop them with others?” he asked. Kolton, the Fortenberry spokesperson, says the lawmaker never offered to plead to any charge. “Prosecutors never offered a plea, and he would never have taken one because he didn't lie,” Kolton said.
Among the Republicans grumbling about the Fortenberry case is Rep. Matt Gaetz of Florida, who is the focus of an unrelated FBI investigation into alleged sex trafficking of underage girls — something he has denied. During a flap earlier this year over lawmakers’ phone call data being swept up as part of a leak investigation, Barr expressed chagrin to associates that he was never asked about the accessing of lawmakers’ data, which appears to have been not entirely intentional.
Garland also promised a prompt overhaul of the department’s policies on lawmakers’ records. Six months later, there has been no public word on the status of that effort. A department spokesperson declined to comment.The investigation of Fortenberry appears to be an outgrowth of federal inquiries into Chagoury that date back more than a decade.
with Chagoury in which he admitted to paying $180,000 to individuals in the U.S. for use in political donations. He agreed to pay a $1.8 million fine and to cooperate with investigators.It also emerged earlier this year that former Transportation Secretary Ray LaHood secretly took a $50,000 loan from a Chagoury associate in 2012, did not report it on an official financial disclosure form and initially lied about it to investigators.
While candidates are sometimes charged for causing a false report to be filed, several campaign finance law experts said they could not recall a case where a candidate was charged criminally for not fixing one later.Some outside lawyers also pointed to the informant’s use of the word, “probably,” in his mention of Chagoury in the recorded call with Fortenberry.
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