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Jeff Fortenberry’s Criminal Conviction scheduled to be overturned by the Ninth Circuit Court of Appeals California

FOR IMMEDIATE RELEASE

(“Prosecutor News”)

Moffatt Media, Palmdale, California

Indictment was filed on October 19, 2021, against Fortenberry, Former Nebraska Congressman.  The Indictment filed by Tracy Wilkison, United States Acting Attorney General (“Prosecutor”), was invalid.  Because Wilkison’s  TERM EXPIRED, under the Vacancy Reform Act of 1998.

There also existed an impossibility in Wilkison filling the shoes within the United States Attorney General’s position because she had NOT received a Presidential Nomination from President Biden,  pursuant to 5 U.S. Code §3345.   Wilkison was also not Senate confirmed.

Wilkison did NOT even receive ANY Nomination by Donald Trump, Former President to fulfill the United States Attorney General shoes for Central District.

Recent 10 28 2022 9TH CIR CT APPEAL FILED BY FORTENBERRY  within the U.S. Court of Appeals for the Ninth Circuit, is likely to be granted for improper Venue and problems with Jury Instructions.    

Along with granting Fortenberry’s appeal following an “unprecedented prosecution in which the Department of Justice hauled a sitting member of Congress across the country to stand trial in a foreign jurisdiction on charges of making false statements more than a thousand miles away.”

The appeal cites two key reasons for the conviction to be overturned: improper venue for the case, with the allegedly false statements being made in Nebraska and Washington, D.C.,  Charges filed in California and inadequate jury instructions that failed to appropriately define a key element of the charge; and the materiality of Fortenberry’s statements.

The case against  Fortenberry never should have been brought in the first place.   Criminal charges should have not resulted in California or a conviction, said Glen Summers.   Summers, a leading member of Fortenberry’s legal team and partner with Bartlit Beck LLP.  “This appeal calls on the Ninth Circuit to vacate these convictions to protect Fortenberry and other Americans from having their Constitutional rights trampled.”

FBI agents knew Jeff Fortenberry had no knowledge of illegal contributions to his campaign from a 2016 fundraiser. So, they directed an informant to call him years later and make a few comments in a roughly 10-minute phone call suggesting that people might have made improper contributions at the event.

Nine months later, the very same FBI agent who orchestrated the setup call went to the Congressman’s home in Nebraska and used a “ruse” that he was conducting a background check with a national security aspect to convince the Congressman to speak with him.

Even though the Congressman told the FBI agent about the comments from the informant, both at the first conversation and again in a subsequent interview in Washington, D.C., prosecutors indicted the Congressman for allegedly making false statements to them when he failed to recall some details of the nearly year-old conversation and explained that he was not “aware” of any illegal contributions to his campaign.

Prosecutors with the Department of Justice (DOJ) charged Congressman Fortenberry in Los Angeles. 

(DOJ) Prosecutors required Fortenerry to stand trial in Los Angeles, California Central District United States Federal Court.  Even though the alleged false statements were made at interviews conducted in Lincoln, Nebraska, and Washington, D.C.  Fortenberry asserts on appeal that subjecting him to prosecution in Los Angeles was contrary to law.  Subjecting Fortenberry within the wrong Venue (Jurisdiction) and requires that the conviction be set aside.

In Fortenberry’s appeal brief, the conviction should also be set aside.  Because the trial judge gave the jury instructions that inadequately defined critical elements of materiality.  Lacking elements then allowed the jury to convict Fortenberry.   Even though the alleged false statements could not possibly have had any impact or injury on the government.

For a statement to be material, eligible for a false statements charge,  such law requires it to influence governmental decision.

Fortenberry’s statements were not material to the government’s investigation.  Since prosecutors already knew from their own investigation, that Fortenberry had no knowledge of the illegal contributions to his campaign.

Jury Instructions Why Important “Voice Removed” Lawyer Connie Reguli, Listen

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Sentencing Reforms by Locked In & Moffatt Media – 105 Year Sentence Inhumane

FOR IMMEDIATE RELEASE

Sentencing News

Moffatt Media, Palmdale, California

Updated 10/21/2022:   Listen –

Locked In & Moffatt Media are proud to announce a Coalition Sentencing Reform project:  “STOP EXCESSIVE SENTENCING.”  

Amid Sentencing Reforms towards Youth/Adults at Post Convictions and Pretrial.

HOW:  “We start one inmate at a time,” says Locked In & Moffatt Media.

WHY:   Because “Excessive Sentencing,” does not make ANY 21st Century common sense.

Behind Justice Example #1

Carl Robinson, an inmate within California State Prison (CFT), was sentenced to 105 years in Prison.

Locked In and Moffatt Media, mutually agree that our current American Criminal Justice system,  induces  Human Rights Violation in the form of  Genocide.

By targeting, a certain race of people being minorities, disabled and the poor.   The specific targeting causes “EXCESSIVE SENTENCING.” 

Logic does not hold that Robinson a Black American Male inmate at (CTF) Prison, will NOT live out a 105 year sentence.   Because according to the Center for Disease Control (CDC) Mortality Tables,  males within the United States Total Life Expectancy:  age 74.2. 

Source:  https://www.cdc.gov/nchs/data-visualization/state-life-expectancy/index_2020.htm

 Public Interest Concern Question –

  • Why does the United States Criminal Justice System and California sentence people like Robinson, past his determined (CDC) Life Expectancy?

Now Locked In & Moffatt Media’s, “Call to Action” invites you, your loved ones and friends to join hands with us for true Sentencing Reforms that make common sense.   

“STOP EXCESSIVE SENTENCING,” past one’s Life Expectancy.

Also reduce Fiscal Impact of direct, current, medical and public costs associated with housing Robinson and other inmates throughout the United States past their  Life Expectancy.

Locked In and Moffatt Media … do NOT expect the United States Criminal Justice System to continue imposing inhumane Third World Justice, that erodes public confidence.  

“Press Release Tribute” to my surviving father on this  day of his Birthday 10/10/2022.  ~ Star Moffatt CEO/Founder of Moffatt Media.

Jeff Fortenberry Community Service in Lieu of Prison? Due to Biden’s Failure

Photo Credit: YOUTUBE https://youtu.be/VHcIBNazStw

Sentencing News – Politics

Moffatt Media, Palmdale, California

FOR IMMEDIATE RELEASE

Fortenberry served as a Congressional Rep., from 2005-2022 (17 years) and resigned on March 26, 2022, after pressure by Kevin McCarthy, House Minority Leader.    

June 28, 2022 Fortenberry is to be sentenced.  Fortenberry’s sentence was prompted by a federal Jury that found Fortenberry guilty on March 25, 2022.

Along with a Grand Jury Indictment, filed against Fortenberry back on 10/19/2021, in the United States District Court Central District of California. JEFF FORTENBERRY NEBRASA CONGRESSMAN GJ JUNE 2021

But Fortenberry pleaded not guilty for supposedly giving False Statements to FBI agents (2016) on $30k Foreign Campaign Donation, at a California Fundraising Event. 

Fortenberry has served as a Nebraska Congressional Rep., who now finds himself facing “Excessive Sentencing,” for alleged nonviolent offense.

  • Public Interest Concern Question:  Why did Tracy Wilkison, Prosecutor-Acting United States Attorney,  NOT affix her own signature onto the Indictment, against Fortenberry

Because Wilkison was not officially appointed as a United States Attorney for the Central District until November 16, 2021, by Merrick Garland, United States Attorney General.  

  • Second Public Interest Concern Question:  Why is Fortenberry facing a statutory “Mandatory Maximum   Sentencing?”

Because President Biden has failed to restore the United States Sentencing Commission, since January 21, 2020.

Did you know, that both Congressional Representatives Armstrong and Raskin said the lack of quorum also meant the commission cannot update the advisory sentencing guidelines needed to help implement the law, resulting potentially in its uneven application by judges across the country.  

Sadly Biden’s intentional act not to appoint ANY commissioners on the Sentencing Commission, takes another toll on our American criminal justice system!

Installing a new Sentencing Commission would help prevent “Excessive Sentencing” to reform criminal Mandatory Maximum Sentencing, that contribute towards: “Massive Incarceration,” even against alleged nonviolent offenders including Fortenberry.

Since Biden’s failure to restore the Sentencing Commission, Fortenberry’s Sentence should be put on STAY.

In consequence, Fortenberry’s landmark case is an example to now call on Congress with evaluating and reforming 18 U.S. Code §1001, that imposes a Mandatory Maximum Sentencing 5 years.  In Fortenberry case (5 years x 3 counts)=15 year sentence Fortenberry is facing in prison.

Noting, without restoring the United States Sentencing Commission, confidence in the uniformity and fairness of our criminal justice system is gone!

With a broken criminal justice system American Citizens like Fortenberry are now becoming the target of  false criminal charges conjured by American rogue prosecutors.   

Fortberry, will be sentenced on three felony charges, that carries Maximum 15 years in prison, which is an “Excessive Sentence,” even if Fortenberry were to serve one day in Prison away from his family. 

Now as a Congressman who understands the absolute abuse of power brought by a select few corrupt individuals within the Justice Dept … my heart goes out to Congressman Fortenberry and his family for the injustice they have suffered,” said Rep. Rick Renzi

The Judge in Fortenberry’s case can do the right thing by issuing Court Ordered Community Service to Fortenberry with preventing another “Excessive Sentencing,” scheme.

Congress, it is time to bring more attention to “Mandatory Maximum Sentencing,” laws!  Because these same laws cause cruel punishment and “Excessive Sentencing,” where logic does not hold especially towards nonviolent offenders. 

Thus, a 15 year “Mandatory Maximum Sentence” against Fortenberry would be an “Excessive Sentence.”

Kevin McCarthy Congressman had no immediate response.

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Military Veteran No Vote for Lisa McClain Congressional Representative

INTERVIEW BY MOFFATT MEDIA WITH MILITARY VETERAN

Moffatt Media, Palmdale, California
FOR IMMEDIATE RELEASE


Updated 5/21/2022, Saturday

Interview by Moffatt Media, Voting Insights with Randy Hayes, U.S. Military Veteran, says Vote “NO” for Lisa McClain for (2022) Congress.

Veteran Hayes said he will also be encouraging other Military Veterans to Vote “NO,” for Lisa McClain, during her upcoming  Congressional Reelection Campaign.

Moffatt Media: Randy, why are you voting “NO” for Lisa McClain Congressional Rep.?
Randy Hayes: I reached out to McClain’s Michigan and Washington DC Congressional Offices.   Because I was asking for Veterans Assistance and  was told that their offices weren’t able to help me even though I am a Military Veteran and live in her district.

I was only asking for Lisa McClain, Congressional Rep. to make a Congressional Inquiry to assist me with Visiting my Mother (Betty Hayes).  Since the Michigan Wayne County Probate Court, is causing Age Discrimination against my Mother.

My Mother is a protected class member under the Older Americans Act.  From what I have learned the Michigan Probate Court can’t discriminate against my Mother, who is age 87, while in receipt of Federal monies. 

Now back to Congressional Rep. McClain, all I wanted from her was to assist me as a Veteran, but both her Michigan and Washington D.C. offices claimed they couldn’t help me!

It’s really sad when McClain Congressional Rep. was not even willing to make a telephone call on my behalf as a Military Veteran.   Guess I was wrong to think that McClain Congressional Rep. provided Veteran Services.

I have no criminal record and I have never been arrested.    Again, how hard would it be for Congressional Rep. McClain to even make a simple telephone call to the Court, regarding visitations with my mother?
 
Moffatt Media: Randy, what military branch did you serve in?
Randy Hayes: I served in the Marine Corps Reserve from 1982-1988 and I missed Desert Storm.  From 1992-1995, I was in the Navy Seabees.

Moffatt Media: Randy why did you join the military?
Randy Hayes: I wanted to serve my country and be the best.

Moffatt Media: What age were you when you joined the Military?
Randy Hayes: 18

Moffatt Media: Randy you mentioned that you will be encouraging other Military Veterans to VOTE NO for Congressional Rep. McClain, what steps are you taking to spread the word, vote no on McClain?
Randy Hayes: I am a member of The American Legion, Post 351, Member of The Marine Corps League and I have over 2,000 friends on Facebook, who are mostly military veterans, that I will encourage them to VOTE NO for Ms. McClain.

Moffatt Media: Randy do you have any final words?
Randy Hayes: I have in the past supported Congressional Rep. McClain and  listened to too many of her speeches. Now I will gladly go to Ms. McClain’s opponents to discuss how she has no regard for supporting Veterans.  Because  Ms. McClain has the power to assist me and my mother with a simple telephone call due to the outrageous actions by the Wayne County Probate Court.

It’s time to stand up for those that have lost their “Elder Rights” by the Michigan Wayne County Probate Court.

Congresswoman McClain’s office had no immediate comment.

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Beware Report 2 “Slum Housing Clients: “Cornelia Graffin Von Wolfframsdorff & Lance Fountain”

Beware Report Slumlorf Client

The thanks my husband and I get in giving back as blessed Christians, within the Antelope Valley Homeless Community, in Lancaster, CA


Beware Report 1

REPORT 1