Attorneys for Nebraska 2nd District Congressman Jeff Fortenberry are taking a second shot at getting his trial on lying to federal investigators moved from California to Nebraska – and the Omicron variant of COVID-19 is at the center of their attempt.
Fortenberry is accused of misleading FBI agents looking into an illegal campaign donation from a foreign national in 2016 and failing to file an amended finance report.
His attorneys argued last month that since the alleged lying took place in Nebraska, that’s where the trial should be, but the judge ruled California was the appropriate location because that’s where the illegal contribution was made.
This time, they’re arguing that California is an “impractical forum” for the scheduled Feb. 15 trial because the federal district court in California has suspended jury trials due to the pandemic while jury trials are still being held in Nebraska.
They also argue holding the trial in California is unduly difficult for Fortenberry now that State Senator Mike Flood of Nortfolk has challenged Fortenberry in the GOP primary on May 10.