Prosecuting Foley Could Be Difficult

Experts Say Criminal Case Against Ex-Congressman May Fall Into Legal 'Gray Area'

(AP)  Rep. Mark Foley's online conversations with underage male pages have all the trappings of a political scandal, but making a federal case out of the sexually charged exchanges could prove more difficult, veteran investigators are saying.

Foley, a six-term Republican member of the House of Representatives, resigned abruptly last week as his e-mails and instant message transcripts surfaced. The chats discussed sexual acts and possible meetings between Foley and the pages.

With the FBI investigating Foley's behavior, defense attorney David Roth said Tuesday that the congressman never had sex or attempted sexual contact with a minor. Foley, who is being treated for alcohol abuse, was drinking when he had the explicit conversations, Roth said.

"Any suggestion that Mark Foley is a pedophile is false," Roth said at a news conference in Florida.

If Foley never had sex with a congressional page, then his case is in uncertain legal territory, said Ken Lanning, a retired FBI agent who served as one of the agency's leading experts on child exploitation.

"There are going to be some issues here in the gray area," Lanning said. "You may find this behavior repulsive, offensive or immoral. Whether it's a violation of law will be based on a precise reading of the law."

Congressional leaders, who called for an FBI investigation as Foley resigned late last week, now have turned to finger-pointing over who knew what about Foley's behavior, when they knew it and whether anything was done to protect the teenagers who serve as House pages.

One federal law enforcement official said the FBI reviewed some Foley-related e-mail in July but concluded that no federal law had been violated. The official, who spoke on condition of anonymity because the case is active, said agents are reviewing new evidence, including the instant message transcripts, to see if a law was broken.

FBI spokesman Richard Kolko said the agency "is continuing its assessment in the Congressman Foley matter."

In Florida, Roth said no law enforcement officials had contacted him. Foley has not been subpoenaed but voluntarily agreed not to delete any e-mails or instant messages from his computers, the lawyer said.

Some Democrats have claimed Foley might have violated the same federal law used to prosecute Internet sex predators, but experts said it is not that simple.

On the surface, the chat transcripts released by ABC News look much like any of the explicit conversations the FBI has used as evidence in its many Internet sex stings. In those cases, however, the sexually charged talk leads to an arrest when adults arrive for real-life sexual encounters.

Graphic talk alone is rarely enough, said Joseph Dooley, a former agent who helped set up New England's first FBI unit targeting Internet predators. Many adults engage in explicit chats with undercover agents, but never show up for the scheduled meetings, he said.

"We never charged anyone unless they actually traveled to have sex," Dooley said.

Investigators could consider federal obscenity laws, experts said, but the law prohibiting disseminating obscene material to children applies only to those under 16.

Benjamin Vernia, a former federal prosecutor specializing in such cases, compared Foley's online conversations with pages to "grooming" — a law enforcement term for the way sexual predators bring along their underage victims.

Grooming is a red flag for authorities, Vernia said, but it's rarely enough to bring charges.

The question for federal investigators is whether Foley's online chats ever led to real-life encounters. One chat transcript suggests Foley and a page had met in California, but the chat does not indicate what took place.

Even if a sexual encounter had occurred, however, that would not necessarily be enough to lead to charges, because it depends on how old the pages were at the time and what the age of consent was in that state.

If a state crime has been broken and authorities can show Foley used the Internet to facilitate it, that could trigger federal jurisdiction, experts said.

[sixfooter495]

What a perfect example we have with the comment made made by processor2's comment of the hypocrisy of the so called religious right of the republican party. What is it that you do not understand about the diffrence of a 22 year old female and a 16 year old male....last time I checked 21 is the legal age of an adult. When they were screaming for the impeachment of president Clinton for having *** with an adult female, both Newton and Roy Blunt were sleeping around on there wives, as well as others I am sure...and limbaugh was addicted to drugs while putting drug use down on his talk show....I hope that all of the religous righteous folks are praying hard for the next two years that this president, that is suppose to be there perfect example of greatness does not completely destroy our country.

[rondumsfeld]

http://action.truemajority.org/campaign/hastert_must_go

Oh, and sign the Hastert petition.

[rondumsfeld]

Oh, good! Foley may get off without facing any criminal charges. I'm a pedophile and that makes me and all my pedophile friends feel safer about what we do. We're sending private emails to children anyway and we just want to be left alone. Pedophiles UNITE! We deserve to talk freely to whomever we want without fear of government intrusion.

[missingamerica]

Grey area? This isn't cold war spy talk...the only kind of person that uses "grey area" when not under threat of torture is a piece of *** lawyer...

[pakaal]

I wonder just how folks can continue to represent the premise that Republicans have the moral high ground (if they ever held it to begin with) considering the scandal unfolding before our eyes, with a congress under Republican control since '93 and a Republican president for 6 years. C'mon, seriously, this happened under their watch. Kirkland says Hastert knew years ago. Pages say some Congressional members have known about this for a decade. Seems like the "voice of morality" is now choking on the truth.

[pakaal]

I find it even more amusing that all the Conservatives who were frothing at the mouth about Clinton's heinous actions are now doing all they can to spin Foley's behavior - like trying to make preying on 16-year-olds seem like no big deal when according to federal law enacted this year by Bush with Foley standing right behind him, all children under 18 are protected by adults from solicitation.

This isn't about what Clinton did 10 years ago, it's about what Republicans such as Hastert, Boehner, Reynolds and Kirkland knew about Foley as far back as 10 years ago and chose to ignore.

Talk about Republican hypocrisy!

[cbgb31]

About this Republicans being the voice of morality. The reason is Democrats are so void of any that the Christians gravitate toward the right. The Democrats have done nothing to confirm that they represent morality, just the opposite.

[cbgb31]

Agnim, you're nuts. Are you writing this from a fed. prison somewhere?

[processor2]

I find it ironically amusing that the liberals today who are "shocked" over a politician sending x-rated e-mails to a 17 year old page (age of consent in D.C. is 16) and demanding resignations,

are the very same liberals who, eight years ago, were DEFENDING another politician who was caught with a 22 year old intern!!

And were liberals demanding resignations eight years ago?? NO

What were liberals saying eight years ago? And I quote:

"if it's consensual, it's OK", and
"It's a private matter, and none of our business"


Don't those same liberal beliefs apply today? Apparently not.

Just more liberal hypocrisy.

...............................................

[agnim]

You see, three-o-six, the US Congress wants us to tell them what the law is that ordinary Americans have to endure every day. LOL

I find it so unbelievable that there could be any question that the filth-stirring foley's repeatedly broke the law.

SEXUAL HARASSMENT ('hitting on' employees)

SEXUAL SOLICITATION OF A MINOR

are two open and shut cases against the f@g foley that comes to mind immediately.

[agnim]

You see, three-o-six, the US Congress wants us to tell them what the law is that ordinary Americans have to endure every day. LOL

I find it so unbelievable that there could be any question that the filth-stirring foley's repeatedly broke the law.

SEXUAL HARASSMENT ('hitting on' employees)

SEXUAL SOLICITATION OF A MINOR

are two open and shut cases against the f@g foley that comes to mind immediately.

[three-o-six]

How is what Foley did different than what they arrest for in "To Catch a Preditor"?? Those men are arrested for soliciting a minor using the internet. They never actually perform the acts -- yet they are arrested.

[william3212]

REPLY: to Siddin%u2019s C/P I am glad you mentioned this, in my BVA brief I mention a veteran I was informed who after years of attempting to get his entitlement and was finally successful. Then after a few months it was taken away he walked to his car port poured gasoline over his body then light it. Location: Hilo, Hawaii.

Foley is now claiming, Mark Foley was sexually molested by a clergyman between the ages of 13 and 15. His attorney wants him to get recovery.

I wanted the NASA project I was in charge of to be properly and safely inspected and made ready for flight. I was discharged from the Marine corps and it was known then I was suffering from mental problems, but that was not properly and medically dealt with then. My child was sexually molested. What is wrong by bringing this information before any hearing group? Timely I provided all information to all the involved parties and I in return received nothing but grief.

[agnim]

Any filth-stirring f@ggot who leaves the 'safety' of his closet should be bashed back into it; don't you think, cbgb31?

No healthy society that is intent on remaining healthy is going to condone and promote a societally worthless behavior, which the **** deviance is -- a societally worthless behavior, like rape, robbery, murder, etc, etc.

[siddin-2009]

"BUT, he wisely and quickly resigned so as not to allow the liberal, tax and spend, cut and run Democrats to use frivolous matter this against the Glorious Leader and the Grand Old Party of Family Values.Posted by GoodRepub at 03:19 PM : Oct 04, 2006"
How about you read the transcripts and some of the emails. Maybe even think for YOURSELF for once in your life instead of spouting off c/p talking points?

[william3212]

Will they also reopen
Denied WRIT OF CERTIORARI
HACHMEISTER v. DEFENSE 98 6265
HACHMEISTER v. HAWAII 98 5658
and
WILLIAM F. HACHMEISTER v. DEFENSE LOGISTICS AGENCY, MSPB, Docket No., SE -3443-97-0421-I-1

[siddin-2009]

I don't see the problem, its called Sexual Harassment.

[william3212]

REPLY: The Justice Department has ordered all documents, as soon as possible I hope these documents are opened to the public.

[huskerarmy]

SharnCedar,

The Justice Department has ordered all documents in the Foley case. I don't think the wait for prosecution of this "no crime" will be as long as you seem to have hoped.

[meboard]

Agnim, were you molested by a catholic priest when you were 15 too?