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Eight months later, FBI investigation of GOP Congressman Andy Ogles still awaits federal judge's ruling

Tennessee Republican awaits ruling as he demands federal investigation of Nashville mayor over ICE round-ups
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Eight months later, FBI investigation of GOP Congressman Andy Ogles still awaits federal judge's ruling
Andy Ogles News Conference.jpeg

NASHVILLE, Tenn. (WTVF) — It’s been said that the wheels of justice grind slowly, and there may be no better example than the FBI’s investigation of Tennessee Congressman Andy Ogles.

For more than eight months, FBI agents have been blocked from looking at evidence seized from the Maury County Republican while a federal magistrate decides what agents can see.

Attorneys for both sides gave Magistrate Judge Alistair E. Newbern everything she needed to make a decision in the case on Oct. 7, 2024, court records show.

Since then, Newbern has been silent on the matter.

“The Court speaks only through its orders and does not comment on pending litigation,” said Lynda Motes Hill, court clerk for the Middle District of Tennessee, in response to NewsChannel 5’s inquiry about why Newbern has yet to issue a decision.

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U.S. Rep. Andy Ogles, R-Tennessee

The criminal investigation of the sitting congressman stems from a NewsChannel 5’s investigation of Ogles, and NewsChannel 5 Investigates received questions from local citizens about the status of the case after Ogles recently took aim at Nashville Mayor Freddie O’Connell.

Ogles called for a federal investigation of O’Connell based on the congressman’s claims — with little real evidence — that the mayor’s administration has obstructed efforts by Immigration and Customs Enforcement (ICE) to round up undocumented immigrants on the streets of Nashville.

In Ogles’ case, the FBI investigation appears to be focused on questions about how he handled money from his own congressional campaigns.

Last July, the FBI used a search warrant to seize Ogles' personal email account, according to court documents. A month later, they seized his personal cell phone.

Ogles' legal team filed an emergency motion to keep the FBI from looking at that evidence, arguing that agents — as part of the Executive Branch — should not be able to look at any evidence that might include matters relating to his congressional business.

"The delay in having the ruling by the court is a little longer than I might expect, but again, it's a novel, complicated issue,” said Brent A. Hannafan, a former federal prosecutor who headed the criminal division in the Nashville U.S. Attorney's Office for five years.

“It's not unusual for courts to take perhaps longer than usual to rule on a motion if it's particularly complicated, it's novel — and I think that's what this is."

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Brent Hannafan, former federal prosecutor

Part of the investigation appears to center on reports filed by Ogles during his 2022 run for Congress in which he falsely claimed to have personally loaned $320,000 to his campaign.

In November 2023, NewsChannel 5 Investigates reported that Ogles did not appear to have the resources to make such a significant personal contribution, based on the personal financial disclosures that he had filed with the U.S. House of Representatives.

Months later, facing an ethics complaint, Ogles amended his campaign reports to say that the loan was really just $20,000.

Last fall, federal prosecutors agreed not to look at the evidence from Ogles’ email and phone until Newbern resolved the legal challenge. That did not preclude them from subpoenaing bank records or conducting other forms of investigation, Hannafan said.

“Every investigation is different. Some happen within months, some take years,” he added.

Still, Ogles' motion is not unlike the emergency motion filed by Donald Trump after the FBI raided Mar-a-Lago in August 2022, seizing the former president's stash of classified documents.

Judge Aileen Cannon ruled on that motion within a month, and a federal appeals court overruled her two weeks later.

NewsChannel 5 Investigates asked Hannafan, “Why should we not expect that sort of pace in this case?"

"Every judge is different, every judge has their own caseload, their own amount of resources,” he answered. “It just depends on the judge in the case."

Since then, local federal prosecutors have withdrawn from the case, leaving it to the Public Integrity Section of President Trump's Justice Department to decide Ogles' fate.

There was no explanation for that move.

Again, we asked Hannafan, "Based on what's in the public record, what can we conclude about the state of the investigation?"

"It's ongoing,” he said. “Until the Department of Justice, until the attorneys from the Public Integrity Section state that they are not pursuing charges, it should be considered ongoing."

A representative for Ogles’ legal team also declined to comment.

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Do you have information that would help me with my investigation? Send me your tips: phil.williams@newschannel5.com

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U.S. Rep. Andy Ogles, R-Tennessee.

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Andy Ogles' expenditure listed as going to "Strategic Advanscale"

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