LINCOLN, Neb. -- One of former Congressman Jeff Fortenberry's trial attorneys could potentially be facing discipline shortly after his conviction. 

John Littrell, one of his trial lawyers, has now been ordered by a judge to explain why he did what he did before the Fortenberry jury in March. 

Littrell gave closing arguments in the trial in L.A. telling the jury that while he did not testify, Fortenberry really did testify because they heard his voice through the audio recordings played. 

The judge said this was not legal, as the government wouldn't have a chance to respond. 

It is not clear how this impacts the case moving forward. 

For the conviction, Fortenberry could have received 15 years in federal prison but the same judge sentenced him to probation instead.