The new charges were filed in Washington, D.C.
Under the previous conviction, Fortenberry did not receive prison time but only probation and community service.
Chad Kolton, a spokesperson for Fortenberry, said in a statement that the “case should never have been brought in the first place, and it shouldn’t have been pursued again,” according to Nebraska Public Media.
“The man the Biden Justice Department is about to spend massive amounts of time and money prosecuting for a second time,” Kolton said, “was described by the District Court judge in his previous trial as ‘by all accounts … a man of exceptional character. And when I say “by all accounts,” I don’t mean simply based upon one-sided submissions on the part of the defense. I mean by all accounts, including the evidence that was presented by the government at trial.’”
“This is a disgraceful misuse of prosecutorial power and an egregious waste of resources at the time when the Justice Department is letting actual crime run rampant,” Kolton added.
Fortenberry is a former Republican lawmaker from Nebraska from 2005 until 2022; he resigned one week after his conviction. He had an A+ rating from Susan B. Anthony Pro-Life America and introduced the Care for Her Act in 2021, which would have facilitated support to women who face unplanned pregnancies. He also co-signed a congressional amicus brief that urged the United States Supreme Court to overturn Roe v. Wade.
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