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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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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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