At least one judge on the appeal of false-statement convictions appears to lean toward new trial for the former GOP lawmaker from Nebraska.
Former Nebraska Rep. Jeff Fortenberry, a Republican elected to nine terms in Congress, resigned in March 2022 after a federal jury in Los Angeles convicted him on three felony charges. | Jae C. Hong/AP PhotoFormer Nebraska Rep. Jeff Fortenberry gained some traction in court Tuesday as he appealed his conviction on charges that he lied to FBI agents investigating alleged foreign donations to his 2016 re-election campaign.
“How is that consistent with Article Three, Section Two and the venue clause in the Sixth Amendment and our long tradition of you’re tried in the community where you committed your crime?” added Donato, a District Court judge in San Francisco appointed by President Barack Obama. “That is your entitlement under the Constitution.”
The third judge, Gabriel Sanchez, was more difficult to read. No final decision or ruling was announced Tuesday. Mendoza and Sanchez are appointees of President Joe Biden. Fortenberry’s defense argued that he might have been distracted or had a poor phone connection when the organizer of that fundraiser, Elias Ayoub, told him about the source of the funds in a 2018 phone call. Ayoub’s call wasFortenberry, who did not testify in his own defense, was active in advocating for Christians facing persecution overseas and allegedly came into contact with Ayoub and Chagoury in connection with their work for that cause., only two years probation and a $25,000 fine.
The attorney fighting to preserve Fortenberry’s convictions, Alexander Robbins, was flanked at the counsel table by Mack Jenkins, the prosecutor who led the case against the congressman. But Shanmugam repeatedly told the judges that the government’s theory allowed for “limitless” venue in federal criminal cases, empowering prosecutors to shift the location of trials simply by moving or sending the investigators there and declaring that the effects of the alleged lie or deception were now being felt somewhere else.“The effects can be felt anywhere, which I think leads to a potentially terrible result, not the least of which is, you know, Mr.
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