Fortenberry represented Nebraska until resigning in 2022 following an initial conviction in a jury trial in California. That conviction was later overturned by the U.S. Court of Appeals for the 9th Circuit in a ruling that said the case instead should have been filed in Nebraska or Washington, D.C.

Walt Nauta, an aide to President Trump, and Carlos de Oliveira, former property manager at Mar-a-Lago, were charged alongside the president in 2023. They all pleaded not guilty.