Jeff Fortenberry Explained

Jeff Fortenberry
State:Nebraska
Term Start:January 3, 2005
Term End:March 31, 2022
Predecessor:Doug Bereuter
Successor:Mike Flood
Birth Date:27 December 1960
Birth Place:Baton Rouge, Louisiana, U.S.
Party:Republican
Spouse:Celeste Fortenberry
Education:Louisiana State University (BA)
Georgetown University (MPP)
Franciscan University (ThM)
Module:
Child:yes
Header1:Criminal details
Label2:Conviction(s)
Data2:
Label3:Penalty
Data3:
  • 2 years probation
  • 320 hours community service
  • $25,000 fine
Label4:Status
Data4:Convictions and sentence overturned, awaiting potential retrial

Jeffrey Lane Fortenberry (born December 27, 1960) is an American politician. He served in the United States House of Representatives from 2005 to 2022, representing as a member of the Republican Party.[1]

In October 2021, a federal grand jury indicted Fortenberry on three charges of lying to investigators and concealing information about foreign campaign contributions. He was convicted of all three felony counts in March 2022.[2] After the convictions, Speaker of the House Nancy Pelosi and House Minority Leader Kevin McCarthy called upon Fortenberry to resign. He officially resigned on March 31, 2022.[3] In June 2022, he was sentenced to 2 years' probation, plus community service and a fine.[4] His conviction was overturned in December 2023.[5] [6]

Early life, education and early career

Fortenberry graduated from Catholic High in his native Baton Rouge, Louisiana. He holds a bachelor's degree in economics from Louisiana State University, a master's degree in public policy from Georgetown University, and a master's degree in theology from the Franciscan University of Steubenville.[7] [8] [9]

Fortenberry previously worked as an economist, in local economic development, and as a publishing executive for Sandhills Publishing. He was also a policy analyst for the Senate Subcommittee on Intergovernmental Relations.[10] Fortenberry was an at-large member of the Lincoln City Council from 1997 to 2001.[11]

U.S. House of Representatives

Elections

2004

Fortenberry won the seven-candidate Republican primary to replace the retiring Doug Bereuter with 39% of the vote. He defeated Curt Bromm (33%), the Speaker of the Nebraska Legislature, and Club for Growth-endorsed businessman Greg Ruehle (21%).[12] [13] In the general election, he defeated State Senator Matt Connealy 54%–43%. He won all but two counties: Thurston and Burt.[14] [15]

2006

Fortenberry was reelected to a second term, defeating former Lieutenant Governor Maxine Moul, 58%–42%, winning all but Burt County.[16] [17]

2008

Fortenberry was reelected to a third term, defeating Marine veteran Max Yashirin 70–30%.[18]

2010

Fortenberry was challenged in the Republican primary for the first time since 2004. He drew two opponents and won with 84% of the vote.[19] He was reelected to a fourth term, defeating legislative staffer Ivy Harper, 71%–29%.[20]

2012

Fortenberry drew two opponents in the Republican primary again, but won with 86% of the vote.[21]

2014

Fortenberry was reelected to a sixth term, defeating the Democratic nominee, attorney Dennis Crawford.[22]

2016

Fortenberry was reelected to a seventh term, defeating the Democratic nominee, physician Dan Wik.[23]

2018

Campaigning for an eighth term in October 2018, it was reported that Fortenberry's chief of staff threatened a professor at the University of Nebraska-Lincoln, Ari Kohen, who had liked a Facebook post depicting a photo of a vandalized Fortenberry campaign sign, raising the issue to Kohen's supervisor as well as the dean and chancellor of the university. In reaction, Kohen raised a complaint with the Office of Congressional Ethics, alleging a chilling effect on free speech.

Fortenberry defeated Democratic nominee Jessica McClure with 60% of the vote, but lost in Lancaster County.[24] [25]

2020

Fortenberry defeated Democratic state Senator Kate Bolz with 59% of the vote.[26]

Tenure

During the week of April 12, 2021, Fortenberry made two false calls for emergency service to the United States Capitol Police through the emergency duress button in his Capitol office. The calls were apparently not for a genuine emergency, but only to check the agency's response time.[27]

Political positions

Agriculture, energy, and environment

Fortenberry served on the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies. He introduced the Renewable Fuels for America's Future Act of 2010, designed to reduce subsidies for the production of ethanol.[28] The act would result in taxpayer savings of $5.67 billion, according to economists Ernie Goss of Creighton University and Bruce Babcock of Iowa State University.[29]

In 2020, Fortenberry signed a forest management agreement and gathered producers across Nebraska to discuss growing the agriculture family through integrating big data, precision farming, and value-adds to maximize incomes of farms of all sizes.[30] On August 4, 2020, a bipartisan initiative supported by Fortenberry, the Great American Outdoors Act, was signed into law by President Donald Trump.[31] In September 2020, Fortenberry sponsored H.R. 3651, which serves to facilitate the use of certain land in Nebraska for public outdoor recreational opportunities and for other purposes.[32]

Healthcare

Fortenberry voted against the Patient Protection and Affordable Care Act, but said in 2010 that he supported "the right type of [health care] reform", incorporating measures to reduce costs, improve outcomes and protect vulnerable people.[33] He introduced H.R. 321, the SCHIP Plus Act of 2009, to offer eligible families the choice to retain coverage for their children in the State Children's Health Insurance Program (SCHIP) or using program funds to help pay for family insurance plans.[34] He introduced H.R. 5479, aimed at protecting people with preexisting conditions.[35]

In 2020, Fortenberry introduced Matt's Act, named in honor of one of his constituents who was diagnosed with type 1 diabetes at age 13. The legislation would allow prescription drug manufacturers to sell insulin directly to patients. Fortenberry claimed it would reduce the price of insulin by two-thirds.[36]

Fortenberry introduced ACT for ALS to help people suffering from amyotrophic lateral sclerosis (ALS) gain access to new treatments. The act would have the Department of Health and Human Services guide a new public-private partnership for streamlined research and drug approval for ALS. As of late December 2020, over 270 members of Congress co-signed the legislation.[37]

Foreign and military affairs

In 2010, Foreign Policy magazine listed Fortenberry as a "new Republican powerbroker" on nuclear security issues.[38] In an October 2010 endorsement, the Lincoln Journal Star called Fortenberry "uncommonly well-informed on international issues".[39]

Fortenberry, and then-Appropriations Committee chair Nita Lowey co-sponsored the Middle East Partnership for Peace Act (MEPPA), which aims to ease tensions between Israelis and Palestinians by giving grants and loans to startup businesses.[40]

In his role on the Appropriations Committee, Fortenberry advocated for funding to enhance Offutt Air Force Base facilities, STRATCOM facilities, and to provide a new runway.[41]

Abortion

Fortenberry received a 100% anti-abortion score from the National Right to Life Committee in a ranking of members of the 111th Congress (2009–2011).[42] He spoke annually at the March for Life.[43] [44]

COVID-19 pandemic

During the COVID-19 pandemic, Fortenberry supported the Paycheck Protection Program (PPP), providing small businesses with financial support throughout the pandemic. The program is estimated to have saved over 300,000 jobs in Nebraska. The state led the nation in PPP loans approved per capita.[45]

Texas v. Pennsylvania

In December 2020, Fortenberry was one of 126 Republican members of the House of Representatives to sign an amicus brief in support of Texas v. Pennsylvania, a lawsuit filed at the United States Supreme Court contesting the results of the 2020 presidential election, in which Joe Biden defeated[46] incumbent Donald Trump. The Supreme Court declined to hear the case on the basis that Texas lacked standing under Article III of the Constitution to challenge the results of an election held by another state.[47] [48] [49]

Following the Supreme Court's decision not to take up Texas v. Pennsylvania, and the Electoral College's certification of the election results, Fortenberry recognized Joe Biden as President-elect and congratulated him on his victory.[50] He voted against invalidating the election results on January 6, 2021, saying, "As much as I supported President Trump to win, I believe the proposed remedy to election irregularities is inconsistent with my legal obligation and the guidance of my conscience. I took an oath to uphold the Constitution. My decision is consistent with that oath. I will vote to certify the election."[51]

January 6 commission

On May 19, 2021, Fortenberry was one of 35 Republicans who joined all Democrats in voting to approve legislation to establish the January 6 commission meant to investigate the storming of the U.S. Capitol.[52]

Immigration

Fortenberry voted for the Further Consolidated Appropriations Act of 2020 which authorizes the Department of Homeland Security to nearly double the available H-2B visas for the remainder of FY 2020.[53] [54]

Fortenberry voted for the Consolidated Appropriations Act (H.R. 1158),[55] which effectively prohibits Immigration and Customs Enforcement from cooperating with the Department of Health and Human Services to detain or remove illegal alien sponsors of Unaccompanied Alien Children.

Committee assignments

Fortenberry previously served on the Committee on Appropriations during the 117th Congress, but stepped down from all of his committee assignments on October 20, 2021, after being indicted for allegedly concealing information and lying to the FBI about illegal contributions to his campaign.[56] [57] His last committee assignments were:

Caucus memberships

Fortenberry was known to serve on the below congressional caucuses.[58]

Federal conviction and resignation

On October 19, 2021, it was announced that Fortenberry was being investigated for about $30,000 in illegal campaign contributions, funneled through three strawmen at a 2016 fundraiser in Los Angeles,[63] that his 2016 campaign received from the Nigerian-Lebanese, Paris-based billionaire Gilbert Chagoury, who also made contributions to three other American political candidates.[64] A federal grand jury in Los Angeles indicted him on one count of scheming to falsify and conceal material facts and two counts of making false statements to federal investigators.[65] [66] On March 24, 2022, Fortenberry was convicted of all three felony counts of making false statements to the FBI and concealing information about his campaign donations.[67]

Fortenberry was quoted as saying after the trial, "We always felt like it was going to be hard to have a fair process here, so this appeal starts immediately",[68] but he could not appeal until after sentencing. Fortenberry faced up to five years in prison on each of the three felony counts, as well as fines. He is the first member of Congress convicted while in office since Chaka Fattah in 2016.[69]

Within days of Fortenberry's conviction, lawmakers from both parties called on him to resign from Congress. House Minority Leader Kevin McCarthy said on March 25, "I think he had his day in court... I think if he wants to appeal, he could go do that as a private citizen... But I think when someone's convicted, it's time to resign."[70] On March 26, Fortenberry issued a written statement to his colleagues in the House that said, "Due to the difficulties of my current circumstances, I can no longer effectively serve. I will resign from Congress effective March 31, 2022."[71] [72]

On June 28, 2022, federal judge Stanley Blumenfeld sentenced Fortenberry to two years' probation, 320 hours of community service and a $25,000 fine.[73]

On December 26, 2023, a panel for the U.S. Court of Appeals for the Ninth Circuit overturned Fortenberry's conviction and sentence, ruling that he was tried in an improper venue, where his alleged crimes had not taken place. A retrial is still a possibility.

External links

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Notes and References

  1. News: Morton. Joseph. Incumbents Jeff Fortenberry, Adrian Smith easily win re-election in Nebraska House races. Omaha World-Herald. November 8, 2016.
  2. Web site: Earl . David . March 24, 2022 . Nebraska Congressman Jeff Fortenberry convicted for lying to FBI about foreign campaign contribution . March 24, 2022 . . en.
  3. Web site: April 1, 2022 . Date for special election to replace Nebraska Congressman Jeff Fortenberry announced . April 2, 2022 . KETV . en.
  4. Web site: Marquette . Chris . Former Rep. Jeff Fortenberry avoids prison time over three felony convictions . rollcall.com . 13 February 2023 . 28 June 2022.
  5. News: Schonfeld . Zach . Appeals court wipes conviction for ex-congressman . . December 26, 2023 . December 26, 2023.
  6. News: Court reverses former Nebraska US Rep. Jeff Fortenberry's conviction of lying to federal authorities. Stefanie . Dazio . . December 26, 2023 .
  7. Web site: Biographical Directory of the U.S. Congress - Retro Member details. August 3, 2020. bioguideretro.congress.gov.
  8. Web site: January 3, 2019. 28 Georgetown Alumni Serving in the 116th Congress. August 3, 2020. Georgetown University. en-US.
  9. Web site: Rep. Jeff Fortenberry. August 3, 2020. Catholic Answers.
  10. Web site: Jeff Fortenberry – Early Career – Analyst . Congressman Jeff Fortenberry . dead . https://web.archive.org/web/20141205225221/http://fortenberry.house.gov/biography/ . December 5, 2014.
  11. Web site: National Officials. Custer County, Nebraska Republican Party. dead. https://web.archive.org/web/20110708213702/http://www.custercountyrepublicans.com/elected_fortenberry.htm. July 8, 2011. November 1, 2010.
  12. Web site: Member of the U.S. House of Representatives.
  13. Web site: Our Campaigns - NE - District 01 - R Primary Race - May 11, 2004. Our Campaigns.
  14. Web site: Our Campaigns - NE - District 01 Race - Nov 02, 2004. Our Campaigns.
  15. Web site: Member of the U.S. House of Representatives.
  16. Web site: Our Campaigns - NE - District 01 Race - Nov 07, 2006. Our Campaigns.
  17. Web site: 2006 Unofficial Election Results as of 09:58 AM . November 10, 2006 . dead . https://web.archive.org/web/20061108225305/http://www.sos.state.ne.us/elec/ElectNight/general.htm#data . November 8, 2006.
  18. Web site: Our Campaigns - NE - District 01 Race - Nov 04, 2008. Our Campaigns.
  19. Web site: Our Campaigns - NE District 01- R Primary Race - May 11, 2010. Our Campaigns.
  20. Web site: Our Campaigns - Candidate - Ivy Harper. Our Campaigns.
  21. Web site: Our Campaigns - NE District 1 - R Primary Race - May 15, 2012. Our Campaigns.
  22. News: Republican Fortenberry cruises to 6th House term . Yankton Daily Press & Dakotan . Associated Press . November 5, 2014 . dead . https://archive.today/20141105203544/http://www.yankton.net/news/state_ap_ne/article_0cc3a671-a273-55ce-9138-539b2a2f9997.html . November 5, 2014.
  23. News: Incumbents Jeff Fortenberry, Adrian Smith easily win re-election in Nebraska House races. Morton. Joseph. Omaha World-Herald. February 9, 2017. November 8, 2016. en.
  24. Web site: General Election Results, November 6, 2018 . app.lincoln.ne.gov . Lancaster County Election Commissioner . December 2, 2021.
  25. Web site: Jeff Fortenberry. August 3, 2020. Ballotpedia. en.
  26. Web site: Nebraska Election Results: First Congressional District . The New York Times . November 22, 2020 . November 3, 2020.
  27. News: . Bendery . Jennifer . April 20, 2021 . GOP Congressman Made Emergency Calls to Police Just to See How Quickly They'd Come . . en-US . April 20, 2021 .
  28. Web site: Editorial, 7/28: Jeff Fortenberry's ethanol plan has merit. July 28, 2010. Lincoln Journal Star.
  29. Web site: Bill calls for VEETC on amount above mandate | EthanolProducer.com. ethanolproducer.com.
  30. Web site: In visits with elected leaders, USDA secretary Perdue defines sustainable agriculture. September 4, 2020. netnebraska.org.
  31. Web site: Fortenberry included as Trump signs conservation bill. August 5, 2020. Lincoln Journal Star.
  32. Web site: Fortenberry Legislation To Save Lewis And Clark Center In Nebraska City Passes Key House Committee. October 1, 2020. kfornow.com.
  33. Web site: Fortenberry faces newcomer Harper in 1st District. Don. Walton. October 28, 2010. Fremont Tribune.
  34. Web site: Fortenberry Offers Plan for Responsible Expansion of SCHIP . November 2, 2010 . dead . https://web.archive.org/web/20101103094240/http://fortenberry.house.gov/2009/01/fortenberryoffersplanforresponsibleexpansionofschip.shtml . November 3, 2010.
  35. Web site: H.R.5479 - To protect Americans with pre-existing conditions.. December 19, 2019. congress.gov.
  36. Web site: High cost of insulin: Son's diabetes diagnosis prompts Nebraska father to fight back. July 26, 2020. December 8, 2020. omaha.com.
  37. Web site: Fortenberry gathers 240 co-sponsors for bill to combat ALS. December 8, 2020. Lincoln Journal Star.
  38. Rogin . Josh . The New Republican Powerbrokers . . November 2, 2021 . https://web.archive.org/web/20101030151946/https://foreignpolicy.com/articles/2010/10/25/who_will_stand_between_obama_and_the_world?page=0,10 . October 30, 2010 . October 25, 2010.
  39. Web site: Editorial, 10/15: Lincoln Journal Star endorses Jeff Fortenberry. October 15, 2010. Lincoln Journal Star.
  40. Web site: Congress enacts historic funding for Israeli-Palestinian peacebuilding. December 21, 2020. allmep.org.
  41. Web site: Offutt runway construction moves ahead. July 2, 2020. Lincoln Journal Star.
  42. Web site: Action Center. www.votervoice.net.
  43. Web site: Fortenberry Speaks at March for Life. Congressman Jeff Fortenberry. January 23, 2012.
  44. Web site: Nebraska Walk for Life draws thousands of demonstrators in Lincoln. Norfolk Daily News. January 28, 2018.
  45. Web site: Henry J. . Cordes. Nebraska is one of biggest recipients of this federal loan program. But who's getting the money?. July 8, 2020. omaha.com.
  46. Web site: Blood. Michael R.. Riccardi. Nicholas. December 5, 2020. Biden officially secures enough electors to become president. live. December 12, 2020. AP News. December 8, 2020. https://web.archive.org/web/20201208201209/https://apnews.com/article/election-2020-joe-biden-donald-trump-elections-electoral-college-3e0b852c3cfadf853b08aecbfc3569fa.
  47. News: Liptak. Adam. Adam Liptak. December 11, 2020. Supreme Court Rejects Texas Suit Seeking to Subvert Election. en-US. The New York Times. December 12, 2020. 0362-4331. December 11, 2020. https://web.archive.org/web/20201211234955/https://www.nytimes.com/2020/12/11/us/politics/supreme-court-election-texas.html. live.
  48. Web site: Order in Pending Case. December 11, 2020. Supreme Court of the United States. December 11, 2020. December 11, 2020. https://web.archive.org/web/20201211234004/https://www.supremecourt.gov/orders/courtorders/121120zr_p860.pdf. live.
  49. News: Brief from 126 Republicans supporting Texas lawsuit in Supreme Court. Daniella . Diaz. CNN. December 11, 2020. December 12, 2020. https://web.archive.org/web/20201212000435/https://www.cnn.com/2020/12/10/politics/read-house-republicans-texas-supreme-court/index.html. live.
  50. Web site: Fortenberry Statement on 2020 Election. December 14, 2020. fortenberry.house.gov.
  51. Web site: Fortenberry Statement on Electoral College Vote Certification. January 6, 2021. fortenberry.house.gov.
  52. News: Here are the 35 House Republicans who voted for the January 6 commission. CNN. LeBlanc. Paul. May 19, 2021. May 19, 2021.
  53. Web site: Text - H.R.1865 - 116th Congress (2019-2020): Further Consolidated Appropriations Act, 2020. December 20, 2019.
  54. Web site: Roll Call 689 Roll Call 689, Bill Number: H. R. 1865, 116th Congress, 1st Session. December 17, 2019.
  55. Web site: H.R. 1158: DHS Cyber Hunt and Incident Response Teams Act … -- House Vote #690 -- Dec 17, 2019.
  56. Web site: December 13, 2012. Committee Information. September 10, 2019. Congressman Jeff Fortenberry. en.
  57. Web site: Melanie. Zanona. Christina. Carrega. GOP rep pleads not guilty to federal charges and steps down from committee assignments. October 22, 2021. CNN. October 20, 2021 .
  58. Web site: December 9, 2014 . Caucus Membership . en . Congressman Jeff Fortenberry . February 9, 2017 . https://web.archive.org/web/20170211075300/https://fortenberry.house.gov/about/caucus-membership . February 11, 2017.
  59. Web site: MEMBERS. March 1, 2021. RMSP. en.
  60. Web site: Kuznicki. Jen. April 25, 2017. Who are the members of the Tuesday Group?. March 1, 2021. Jen Kuznicki. en-US. February 25, 2021. https://web.archive.org/web/20210225130139/http://www.jenkuznicki.com/8844-2. dead.
  61. Web site: Our Members. U.S. House of Representatives International Conservation Caucus. August 1, 2018. https://web.archive.org/web/20180801155201/https://royce.house.gov/internationalconservation/members.html. August 1, 2018. dead.
  62. Web site: December 6, 2017. Membership. March 28, 2021. Republican Study Committee. en.
  63. News: Nebraska Rep. Fortenberry says he will resign following conviction for lying to FBI . March 27, 2022 . . . March 26, 2022 . en.
  64. News: US congressman Jeff Fortenberry resigns after conviction for lying to FBI . March 27, 2022 . . March 27, 2022 . en.
  65. News: Indictment accuses Nebraska congressman of lying to FBI. Associated Press. October 19, 2021. October 19, 2021. Schulte. Grant.
  66. News: Benen . Steve . Steve Benen. Republican congressman faces multiple federal criminal charges . November 2, 2021 . . . October 20, 2021 . en.
  67. Web site: GOP Rep. Jeff Fortenberry convicted of lying to FBI . March 25, 2022 . . March 24, 2022 . en.
  68. News: Earl . David . 'This appeal starts immediately': Nebraska Congressman Jeff Fortenberry has a lot at stake after conviction . March 26, 2022 . KETV . March 26, 2022 . en.
  69. News: Beavers . Olivia . Fortenberry resigns from Congress after felony convictions . March 27, 2022 . March 26, 2022 . . en.
  70. News: Shabad . Rebecca . McCarthy says convicted Rep. Fortenberry should resign . March 26, 2022 . NBC News . March 25, 2022 . en.
  71. News: Cochrane . Emily . Nebraska Congressman to Resign After Being Found Guilty of Lying to F.B.I. . March 27, 2022 . The New York Times . March 26, 2022.
  72. Web site: Fortenberry . Jeff . letter to colleagues . The New York Times . March 27, 2022.
  73. News: Grant . Schulte . Brian . Melley . Ex-GOP Representative Fortenberry gets probation for lying to feds . . . June 28, 2022 . June 28, 2022.