The FBI and DOJ are guilty of doing exactly the things with which they charged Rep. Jeff Fortenberry
- Under 18 U.S.C. §1001, it is a federal crime to tell a government official or agency a "material" lie.
- That means a lie that, if the government were to believe it, would have the tendency of affecting an official's or agency's course of conduct.
Would I Lie to You?
- Toufic Baaklini, a U.S. citizen, Maronite Catholic, and advocate for Christians in the Middle East, used the fundraiser to channel the money of a Lebanese-Nigerian billionaire, Gilbert Chagoury, to Fortenberry's campaign
- Campaign donations from foreign nationals are illegal
- He knew the donations were illegal, but he misled the congressman by having the money divided among a number of people at the fundraiser so no red flags would be raised
- The FBI and the DOJ wanted a bigger fish for their investigation because they wanted to get someone else to testify
A Man of Good Character
- Fortenberry has distinguished himself as a man of integrity in both his personal and professional life.
- In sworn testimony, U.S. Rep. Anna Eshoo, D-California, a liberal Democrat and Chaldean Catholic, affirmed her Republican colleague's character, calling him a "good man."
Anatomy of an Abusive Prosecution
- The DOJ had Ayoub tape a June 2018 conversation with the congressman
- After the call, Fortenberry was concerned enough to tell his wife, his chief of staff, and his lawyer that he had renewed concerns about the 2016 fundraiser
- Then, in March 2019, the FBI came to the congressman’s home in Nebraska and deliberately lied to him and his wife
- They said they were there for a national security issue, not a criminal matter
- This lie disarmed Fortnberry, striking him as believable because of his service on a subcommittee of the House Appropriations Committee whose work deals with U.S. foreign relations
A Stickler for the Law Who Also Deliberately Deceives?
- The DOJ argued that Fortenberry had further willfully withheld self-incriminating evidence about the fundraiser.
- Because the prosecution argued his actions had relevance to their investigation in California, they succeeded in changing the legal venue to Los Angeles, a well-known leftist region where seating a jury unfavorable to the congressman was much more likely.
Lying Is Okay if the Government Does It
- The DOJ and the FBI, both agencies of the executive branch of the U.S. government that includes the president as chief executive, had no substantive basis to pursue a criminal investigation of Fortenberry, a sitting congressman who had a sterling reputation for integrity.
- Even though they knew that Baaklini and Ayoub had clearly violated the law, and despite Baaklii's admission that the congressman had directly asked him whether the L.A. fundraiser was ******* they pursued Fortnberry.
- They went on a legal fishing expedition to concoct a case against the congressman.
A Disturbing Legal Precedent
- Our federal government, based on a system of checks and balances that the founders established almost 250 years ago, presumes that the respective branches-executive, legislative, and judicial-will conduct themselves with integrity in interacting with each other
- By abusively wielding power to intimidate a legislator, the FBI and DOJ threaten that delicate balance
- What the founders intended as an aggressive but civil competition is now a deadly serious game which menaces the civil liberties and freedoms of those who dare to undertake public service
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