Federal prosecutors have moved to dismiss felony charges against former Nebraska U.S. Representative Jeff Fortenberry, who was set to face a second trial after his previous convictions were overturned by an appellate court. The decision follows a series of similar dismissals involving allies of former President Donald Trump. Fortenberry had long maintained that his prosecution was politically motivated and had sought to delay his trial, anticipating the Trump administration’s intervention.
In a post on Truth Social, Trump denounced the case as a “witch hunt” and claimed Fortenberry and his family had suffered due to the “illegal weaponization” of the justice system. A judge has yet to rule on the motion, which seeks to dismiss the case with prejudice, preventing future prosecution. Fortenberry’s attorney did not respond to requests for comment.
Fortenberry, who represented Nebraska’s 1st Congressional District from 2005 until his conviction, was found guilty in 2022 by a federal jury in Los Angeles on charges of concealing illegal campaign donations and lying to federal agents. However, the 9th U.S. Circuit Court of Appeals later overturned the conviction, ruling that the trial should have been held in Nebraska or Washington, D.C., rather than California. Prosecutors initially sought to retry the case in Washington.
The case stemmed from a 2016 fundraiser where Fortenberry received $30,000 in campaign donations from Nigerian billionaire Gilbert Chagoury. The funds were funneled through straw donors, a violation of federal law. Prosecutors argued that Fortenberry was informed about the illegal contributions in a recorded phone call but later denied knowledge of them when questioned by the FBI. His defense team claimed he had a poor memory and no intent to mislead investigators.
Chagoury entered into a deferred prosecution agreement and paid a $1.8 million fine, as foreign nationals are prohibited from contributing to U.S. federal election campaigns. The Los Angeles jury deliberated for just two hours before convicting Fortenberry, who was sentenced to probation, community service, and a $25,000 fine. He had already completed his sentence when he was indicted again.
This dismissal comes as the Department of Justice undergoes significant changes under the Trump administration. The DOJ recently announced the firing or reassignment of more than a dozen employees involved in federal prosecutions related to Trump. Additionally, federal prosecutors withdrew an appeal, effectively ending legal proceedings against Trump’s co-defendants in the classified materials case.
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