Hours after Rep. Jeff Fortenberry, R-Neb., was convicted Thursday on three counts of lying to the FBI about an illegal campaign donation, talk from the U.S. Capitol in Washington to the state capitol in Lincoln anticipated the nine-term lawmaker's resignation and a resulting special election.
The name most often heard as Fortenberry's likely successor in Congress is that of state Sen. Mike Flood, a former speaker of the state's unicameral Legislature considered more conservative than Fortenberry (his lifetime American Conservative Union rating is 72.7%).
Fortenberry, who is to be sentenced on June 28, has vowed to appeal his conviction in federal court regarding an illegal donation from Nigerian billionaire Gilbert Chagoury.
''[I]f he wants to appeal, he can go do that as a private citizen,'' House GOP leader Kevin McCarthy, R-Calif., told reporters Friday, adding that he would speak to Fortenberry about his future later that day.
House Speaker Nancy Pelosi, D-Calif., also weighed in on the embattled Nebraskan, issuing a statement that Fortenberry ''must resign from the House.''
In the embattled congressman's lst District (Lincoln), Republicans were anticipating that Fortenberry would resign soon and discussing who would succeed him in a special election.
Cornhusker State Republicans who spoke to Newsmax on background said that Flood was the heir apparent in the heavily Republican 1st District.
''If [Fortenberry] resigns from Congress before the May 10 primary, Flood would win a special election set by the governor,'' said one prominent Republican activist who requested anonymity. ''Resignation could be a part of a plea deal for supervised probation and keeping his pension.''
The same activist told us that the 1st District would almost certainly elect a fellow Republican to succeed Fortenberry.
In past years, House members facing trouble with the law were permitted to keep their seats and to vote. In 1956, Rep. Thomas Lane, D-Mass., served four months in prison for income tax evasion — all the while holding his seat. Upon returning to Congress, he went on to serve three more terms.
Rep. George Hansen, R-Idaho, was convicted in 1984 of failing to disclose $334,000 in personal loans. He held his seat and narrowly lost reelection that year. After serving six months in prison and paying a $40,000 fine, Hansen appealed his conviction to the Supreme Court and had his conviction vacated and the fine returned.
The circumstances of Lane and Hansen would not occur today. House GOP Conference rules require any member under indictment for a felony to forfeit their committee assignments until the charge is dismissed or reduced to a misdemeanor. Fortenberry took leave from the powerful Appropriations Committee after his indictment last year.
Lawmakers convicted of a felony find intense pressure within both parties to resign immediately, as Fortenberry does.
John Gizzi is chief political columnist and White House correspondent for Newsmax. For more of his reports, Go Here Now.
© 2026 Newsmax. All rights reserved.