OMAHA, Neb. (AP) — Attorneys for U.S. Rep. Jeff Fortenberry argued Thursday that they should be allowed to present allegations to a jury that the Nebraska Republican was “set up” by federal authorities, while prosecutors countered that attacking their investigation was inappropriate.

A judge’s ruling on the matter will determine what jurors are allowed to hear in his trial, now scheduled for March 15 in Los Angeles.

Fortenberry faces charges alleging that he lied to federal authorities who were investigating an illegal 2016 contribution to his campaign from a foreign national. Prosecutors have also accused him of failing to properly disclose the donations from Gilbert Chagoury, a Nigerian businessman of Labanese descent.

Fortenberry’s lawyers contend that prosecutors targeted the nine-term congressman with a “preordained outcome” in mind and that they were biased against him. They also argue that his statements to authorities ultimately didn’t hinder the federal investigation.

“Certainly the jury can and should consider evidence that this was a setup,” Fortenberry lawyer John Littrell in a pretrial status hearing.

Prosecutors strongly dispute the claims, arguing that such arguments would confuse and mislead the jury and impose an unfair burden on prosecutors.

Assistant U.S. Attorney Susan Har said defense lawyers can attack aspects of the investigation if they’re tied to a specific piece of evidence, but “as a general matter, just trying to attack the propriety of the investigation is not appropriate.”

U.S. District Judge Stanley Blumenfeld said he said he would take those legal motions and others under advisement ahead of the trial.

Fortenberry’s attorneys have said he wants to stand trial as early as possible. Fortenberry faces a serious Republican primary challenge on May 10 from state Sen. Mike Flood, of Norfolk. Fortenberry represents Nebraska’s 1st Congressional District, a heavily Republican area where he has coasted to re-election every cycle since 2004.

 

Mike Flood is the founder and an owner of Flood Communications and News Channel Nebraska. All stories about him and any declared candidates in the Nebraska First Congressional District race during the remainder of his campaign and/or ensuing tenure in office have been and will be written by by sources other than News Channel Nebraska.