Fortenberry appealing conviction to the 9th Circuit Court

LOS ANGELES, Calif. (WOWT) - A day after former Nebraska Congressman Jeff Fortenberry was sentenced for lying to the FBI, his attorney said an appeal was filed with the 9th Circuit Court.

“This will be an important appeal, with potentially significant consequences far beyond Mr. Fortenberry’s conviction,” attorney Glen Summers said in a Wednesday news release.

In his statement, Summers says the FBI obtained approvals for the use of deceptive tactics based on “false and incomplete information provided to them by the lead case agent.”

“We look forward to presenting these issues on appeal and hopefully helping to rein in the weaponization of Section 1001 by federal law enforcement agencies,” he said in the release, which also cites the prosecution of Michael Flynn as an example of how “the federal false statements statute is far too susceptible to abuse.” Pardoned by former President Trump before he left office, Flynn made headlines again Tuesday after video shown during the “surprise” Jan. 6 Committee hearing showed him pleading the 5th to several questions, including whether he believed in the nation’s peaceful transfer of power.

Summers said he also intends to file a complaint with the Inspector General of the Department of Justice “to get to the bottom of these concerns.”

Read the full statement

“Today a Notice of Appeal was filed on behalf of former Nebraska Congressman Jeffrey Fortenberry, commencing his appeal in the United States Court of Appeals for the Ninth Circuit.

This will be an important appeal, with potentially significant consequences far beyond Mr. Fortenberry’s conviction.

This case and other recent high-profile prosecutions, such as the indictment of General Flynn, show that the federal false statements statute is far too susceptible to abuse. We look forward to presenting these issues on appeal and hopefully helping to rein in the weaponization of Section 1001 by federal law enforcement agencies.

We also have reason to believe that necessary approvals for the use of deceptive tactics on the Congressman were obtained by the FBI agents in this case on the basis of false and incomplete information provided to them by the lead case agent. In parallel with the appeal, we expect to file a complaint with the Inspector General of the Department of Justice to get to the bottom of these concerns.”

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