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Commentary



REPUBLICAN'S CONVICTION OVERTURNED, DOJ HUMILIATED IN MAJOR REVERSAL


 By C. Douglas Golden  January 2, 2024 at 5:34am
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CORRECTION, Jan. 2, 2024: The headline for this article should include a
reference to the DOJ. Some versions featured a different acronym.

This is just what President Joe Biden’s Department of Justice needs for the new
year: A high-profile conviction of a Republican getting overturned by an appeals
court.

On Dec. 26, a federal appeals court tossed out former Nebraska GOP Rep. Jeff
Fortenberry’s 2022 conviction for lying to the FBI, arguing the case wasn’t
tried in the proper venue.

“Fortenberry’s trial took place in a state where no charged crime was committed,
and before a jury drawn from the vicinage of the federal agencies that
investigated the defendant,” U.S. District Judge James Donato wrote in the
decision, according to The Hill.

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“The Constitution does not permit this. Fortenberry’s convictions are reversed
so that he may be retried, if at all, in a proper venue.”

The case involved a $30,200 donation from a Nigerian businessman to
Fortenberry’s campaign in 2016.

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“During interviews with the FBI, Fortenberry told investigators that he was
unaware of any illegal contributions to his campaign,” The Hill reported. “But
court filings indicate the agency had listened into an earlier phone call, in
which a cooperating witness told Fortenberry that the Nigerian businessman was
likely the source of the $30,200 donation.”

However, the problem with Fortenberry’s conviction wasn’t with the evidence. It
was where the case took place. The FBI interviewed Fortenberry at his home in
Lincoln, Nebraska, and at his lawyer’s office in Washington, D.C. — not in Los
Angeles, where he was tried.

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The casual observer would be forgiven for thinking that DOJ prosecutors were
venue-shopping for an unfriendly locale to Republicans, but prosecutors claimed
to justify it because the investigation was run out of the FBI’s field office in
the City of Angels and the alleged false statements affected the FBI’s inquiry
there.

The appeals court didn’t buy it: “We conclude that an effects-based test for
venue of a Section 1001 offense has no support in the Constitution, the text of
the statute, or historical practice,” Donato wrote.

Do you trust the DOJ?
Yes No

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Yes: 1% (21 Votes)
No: 99% (3010 Votes)

Clearly a Trump-ist shill, this Judge Donato. Except he was appointed by … um,
former President Barack Obama. Wow, he must have really fooled Barry!

The other two judges on the panel — Gabriel Sanchez and Salvador Mendoza Jr. —
were appointed by the easily fool-able President Biden.

Whether or not Fortenberry is retried at all is a somewhat immaterial question
to why this case is important — although, for the record, the former
representative, who served in the House from 2005 to 2022, expressed gratitude
on behalf of himself and his wife.

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“We are 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,” Fortenberry said via a statement.

Instead, the real effects behind the Fortenberry ruling are going to be felt in
how the DOJ goes forward after the Fortenberry humiliation with two very
political trials that loom in the imminent future.

Related:
Rep. Cori Bush Attempts to Explain Herself Amid DOJ Investigation, But She Made
It Worse

Keep in mind that, as conservative outlet Just the News reported, three out of
10 public corruption cases tried over the past two decades cited by the
publication (including Fortenberry’s) resulted in reversed convictions.

“Among the rest, three sentences were commuted by presidential pardon under the
Trump Administration and in one other, federal prosecutors failed to convince a
jury to find the defendant guilty,” Just the News reported.

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That last case appears to refer to the 2017 prosecution of Democratic New Jersey
Sen. Bob Menendez on bribery charges, which ended in a mistrial when jurors
could not agree on a verdict. In 2018, a judge acquitted Menendez of some of the
charges, as CNN reported at the time. The Justice Department later dropped the
remaining charges, as Politico reported.

Menendez, however, faces new charges now.

Arguably the most high-profile of the DOJ’s overturned cases involved
now-special counsel Jack Smith, who’s charged former President Donald Trump in
two venues with numerous counts. In that case, the Supreme Court unanimously
overturned the 2014 conviction of former Virginia Republican Gov. Robert
McDonnell, a Republican, whom Smith went after for “participating in a scheme to
violate federal public corruption laws.”

“There is no doubt that this case is distasteful; it may be worse than that. But
our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns. It is
instead with the broader legal implications of the Government’s boundless
interpretation of the federal bribery statute,” Chief Justice John Roberts wrote
for the court in the decision.

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“Setting up a meeting, calling another public official, or hosting an event does
not, standing alone, qualify as an ‘official act.’”

Furthermore, the case of venue looms over both the Trump case — where he’s being
tried in both the District Court for the District of Columbia and the District
Court for the Southern District of Florida — and in the current case against
Menendez, who was indicted in New York for a slew of bribery counts.

Former U.S. attorney Joe diGenova told Just the News that taking the case away
from Menendez’s New Jersey power base, while it may indeed make it easier to
convict him, is venue-shopping.

“Why was that case brought in New York? The [Southern District of New York] and
the Public Integrity Section did not want the case to be brought in New Jersey
where [Menendez] has support,” diGenova said.

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“He was previously tried [in New Jersey] and the case failed. The case should be
in New Jersey. They wanted to try Menendez in a place where he had no influence
in the jury selection.”

As for the cases against Trump, diGenova said the DOJ’s Public Integrity Section
“has been infused with partisan animus,” adding that “[i]t is believed by many
people on the bench and bar that there is political motivation.”

Maybe a few more overturned cases — particularly if it involves a former
president and a current Democrat senator — and maybe the establishment media
suzerains will start believing there’s something amiss at the DOJ. Until then,
don’t hold your breath for cases like Fortenberry’s to elicit anything more than
ripples outside of the conservative sphere.

--------------------------------------------------------------------------------

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Tags:
Bob Menendez, Corruption, Department of Justice, Donald Trump, Republicans
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C. Douglas Golden
Contributor, Commentary
SummaryMore Biographical InformationRecent PostsContact
C. Douglas Golden is a writer who splits his time between the United States and
Southeast Asia. Specializing in political commentary and world affairs, he's
written for Conservative Tribune and The Western Journal since 2014.
@CillianZeal
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C. Douglas Golden is a writer who splits his time between the United States and
Southeast Asia. Specializing in political commentary and world affairs, he's
written for Conservative Tribune and The Western Journal since 2014. Aside from
politics, he enjoys spending time with his wife, literature (especially British
comic novels and modern Japanese lit), indie rock, coffee, Formula One and
football (of both American and world varieties).
Birthplace
Morristown, New Jersey
Education
Catholic University of America
Languages Spoken
English, Spanish
Topics of Expertise
American Politics, World Politics, Culture
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