Rep. Jeff Fortenberry would normally be in Washington, D.C., this week to cast votes on the House floor, attend committee hearings, and meet constituents, among other activities. Instead, the Nebraska Republican finds himself in a Los Angeles federal courtroom, defending himself against a single federal corruption charge.
Prosecutors in California claim Fortenberry falsified statements and concealed evidence from federal investigators in a trial set to open on Wednesday.
It’s an episode that leaves a series of questions about how the indictment and trial will affect Fortenberry’s political fate. Fortenberry, who was not at the Capitol due to the trial on Tuesday evening, has maintained his innocence, with his legal counsel arguing that the case is politically motivated.
Fortenberry, first elected to the House in 2004, pleaded not guilty to “one count of scheming to falsify and conceal material facts and two counts of making false statements to federal investigators” during an FBI investigation into Lebanese Nigerian billionaire Gilbert Chagoury’s $180,000 in illegal campaign contributions between 2012 and 2016.
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Fortenberry has alleged the charges are politically motivated, and his defense team has asserted the congressman “did not have a clear recollection of the events.”
While Fortenberry, 61, has easily coasted to reelection in the past, the indictment has sparked a heated primary, with state Sen. Mike Flood, a former speaker of the Nebraska Legislature, launching a challenge to be the GOP nominee for the reliably red district. The Republican primary is May 10.
Flood’s entrance into the race has divided support within the state’s GOP, with some prominent names including Lt. Gov. Mike Foley standing by the incumbent, while Gov. Pete Ricketts and former Gov. Dave Heineman opted to come out against Fortenberry in the race.
“Mike will be able to focus his entire energy on representing the 1st District here in Nebraska and stopping this radical agenda coming out of D.C., and that’s why I’m so proud to be able to endorse him in this primary to be the next congressman from the 1st Congressional District,” Ricketts said in his endorsement of Flood in January.
One Nebraska political operative noted that Flood has managed to raise a significant amount of money since entering the race, adding that his supporters feel confident with his position in the race.
“He’s very well respected around the state. He’s a legitimate challenger,” the source said, adding that Ricketts and Heineman “encouraged Flood to run.”
“He raised $400,000 within two weeks. In contrast, you know, Fortenberry raised around $70,000 in the last quarter of last year,” the source said.
While Flood’s supporters said they feel that Fortenberry’s trial could be a liability in Republicans’ ability to hold the seat, Fortenberry’s team argued that Flood’s entrance into the race was premature.
“I’d say the campaign feels good. Jeff has proven himself to be a conservative in the state for a long time — voters know him and voters like him,” a source close to Fortenberry told the Washington Examiner.
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“He’s always been a strong campaigner, is still a strong campaigner, and we feel pretty confident about the position that he’s in. The results that come out of the case, I think, will certainly have an impact on the race, but voters are going to see the political motivation of the charges against him,” the source said.
“I’ll say this: Jeff’s opponent, Mike Flood, has essentially made this case that the reason he’s running is because of the case against Jeff. What I would say is that if Jeff is proven innocent, which, again, we feel confident he will be, Mike has zero reasons for being in this race.”
