Fortenberry case over: Judge lets charges drop with prejudice

LINCOLN — A federal judge this week agreed with Trump administration prosecutors that the campaign finance-related felony charges filed against former Nebraska Republican U.S. Rep. Jeff Fortenberry should be dropped with prejudice. 

That means the same charges cannot be filed again.

Federal District Judge Trevor McFadden signed the order proposed by the Justice Department late Wednesday, which had reversed course under the new management of President Donald Trump. Trump, a Republican, has publicly complained about Fortenberry’s prosecution, saying he was mistreated.

The Justice Department investigation of Fortenberry’s 2016 fundraiser in southern California began under Trump. Prosecutors under former President Joe Biden’s Justice Department had obtained a conviction of Fortenberry for lying to federal agents and trying to conceal his knowledge of foreign campaign funds raised illegally in 2016 for his congressional campaign. 

But a federal appeals court overturned Fortenberry’s conviction in 2023 because federal prosecutors had tried him in California, where the fundraiser took place, but not in Nebraska or Washington, D.C., where prosecutors had alleged Fortenberry lied to the FBI.

Federal prosecutors charged him again in Washington, D.C. in May 2024, alleging that he knew and tried to conceal his knowledge of the illegal contributions, which Fortenberry still denies. His lawyers have argued, among other things, that he had a bad cell connection during the call with the FBI informant. 

Fortenberry was told that the $30,000, which had been delivered in a paper sack to an intermediary, was likely illegal. He was also told Lebanese billionaire Gilbert Chagoury was the source of the money. Fortenberry had supported the work of Chagoury’s group in support of Christians abroad. 

Trump Justice Department files to drop charges against former Nebraska U.S. Rep. Jeff Fortenberry

Trump issued a statement on Truth Social on Wednesday saying that Fortenberry and his family had suffered because the justice system had been weaponized against the previous administration’s political opponents. Many legal observers expected the charges to be dropped if Trump won the presidency.

Prosecutors previously denied any political motivations and said a congressman should know better than to accept foreign funds, which cannot be raised for congressional races. They pointed to recordings with an FBI source that they said made clear Fortenberry knew more than he acknowledged.

In a statement Thursday, Fortenberry compared his situation to Trump’s legal civil and criminal fights in several states and said the president “knows better than anyone what false accusations and political persecution mean.”

“The American people gave President Trump a mandate to end witch hunts like these and restore confidence in our justice system,” Fortenberry said. “We are so grateful. I want to thank all who loved and supported my family and me through this ordeal.”

The judge’s decision closes a chapter for the former nine-term congressman for eastern Nebraska’s 1st Congressional District. Fortenberry resigned from Congress after being convicted in 2022. U.S. Rep. Mike Flood, R-Neb, replaced him. Some have speculated that Fortenberry might choose to run for office again, including perhaps his former seat.

Fortenberry’s spokesman had no immediate comment about the former congressman’s political future.