LINCOLN - A federal judge has signed a pretrial order barring U.S. Rep. Jeff Fortenberry from possessing or being left alone with evidence gathered by confidential informants in a case alleging the congressman lied to the FBI during an investigation into illegal campaign contributions.

While Fortenberry’s defense attorney said that such a protection order is “not an unusual step at all” in cases involving confidential informants, a Lincoln trial attorney — who is also a former state Democratic Party chair — said it didn’t look good in a case involving an elected official.

Vince Powers practices in federal courts in Nebraska and said that he has only seen one other protection order of its kind approved which was in the case of a drug dealer and fear of harm to a witness. Powers went on to say "It’s not a good sign when a judge doesn’t trust a United States congressman to follow the rules."

John Littrell, Fortenberry's defense attorney, disputed Powers' claim, saying that such motions are not "at all" unusual in California. “The prosecution proposes an order like this in any case involving the use of confidential informants,” Littrell said. “The protective order does not limit the Congressman’s access to information, and it will not inhibit our ability to defend this case.”

The order states that Fortenberry can only view evidence and statements in the presence of his defense attorneys. He is also barred from taking any of the materials with him, memorizing, or writing down any of the information.

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