No Charges Expected Against Ex-Rep. Foley
Former Congressman's Lurid Messages To Pages Was Subject Of Lengthy Investigation
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(CBS/AP)
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Foley Fallout
Background on the former Florida representative and the probe into the House page scandal.
The officials, who spoke on condition of anonymity because they were not authorized to discuss the case, said the results of a state investigation would be announced Friday.
They said neither state nor federal charges were expected, although an FBI investigation has not been closed yet.
Foley resigned in 2006 after being confronted with the e-mails and instant messages he sent to male pages. He has since been under investigation by the Florida Department of Law Enforcement and the FBI.
Foley's attorney, David Roth, has acknowledged that Foley sent the messages to the teenagers, but has maintained that the Florida Republican never had inappropriate contact with minors. Roth had no immediate comment on the pending announcement.
Shortly after Foley's resignation, Roth announced Foley was gay and had been molested by a priest as a teenage altar boy. Foley also checked himself into an Arizona treatment facility for what his attorneys said was "alcoholism and other behavioral problems."
"Mark does not blame the trauma he sustained as a young adolescent for his totally inappropriate e-mails and (instant messages). He continues to offer no excuse whatsoever for his conduct," Roth said at the time.
Foley represented parts of Palm Beach County for 12 years. He has kept a low profile since coming out of rehabilitation late last year but has been seen occasionally in the West Palm Beach area.
Foley was seen as a shoe-in for re-election in 2006. His resignation received national attention as Democrats were trying to win 15 Republican seats to regain power in the House. Democrat Tim Mahoney won the election after Republicans had just weeks to select a new candidate to replace Foley, whose name remained on the ballot.
Then-House Speaker Dennis Hastert, R-Ill., and other Republican leaders came under fire for their handling of the Foley matter. Hastert had claimed he did not learn of Foley's messages to the teens until the scandal broke. A House ethics committee concluded in December 2006 that Hastert actually had heard about the e-mails months earlier, as had other Republicans, but the panel did not find that anyone broke rules.
Florida authorities had said their investigation was hampered because neither Foley nor the House would let its investigators examine his congressional computers.
In a letter to the FDLE obtained by The Associated Press, House Deputy General Counsel Kerry Kircher wrote that because the data "may contain legislative information that is constitutionally privileged ... and because Mr. Foley has not waived that privilege ... we cannot simply give you access."
The Florida agency had been working with the FBI and Foley's attorneys to gain access to information on the computers. Foley's attorneys have declined to comment throughout the investigation.
Foley himself was the only person who could release the computers for review, but he had refused. It was not immediately clear what information from the computers investigators had been able to review - if any - before concluding their investigation.
House officials said they did not find any sexually explicit photos in a review of some e-mails Foley sent and received through his congressional account, but the e-mails did not include all of Foley's communications.
Some may have been deleted from the main congressional computer server but would likely still have been accessible from an examination of the actual computer hard drives.
Former U.S. Rep. Mark Foley isn't expected to face charges after a lengthy investigation into his lurid messages to underage congressional pages, two federal law enforcement officials told The Associated Press on Thursday.
The officials, who spoke on condition of anonymity because they were not authorized to discuss the case, said the results of a state investigation would be announced Friday.
They said neither state nor federal charges were expected, although an FBI investigation has not been closed yet.
Foley resigned in 2006 after being confronted with the e-mails and instant messages he sent to male pages. He has since been under investigation by the Florida Department of Law Enforcement and the FBI.
Foley's attorney, David Roth, has acknowledged that Foley sent the messages to the teenagers, but has maintained that the Florida Republican never had inappropriate contact with minors. Roth had no immediate comment on the pending announcement.
Shortly after Foley's resignation, Roth announced Foley was gay and had been molested by a priest as a teenage altar boy. Foley also checked himself into an Arizona treatment facility for what his attorneys said was "alcoholism and other behavioral problems."
"Mark does not blame the trauma he sustained as a young adolescent for his totally inappropriate e-mails and (instant messages). He continues to offer no excuse whatsoever for his conduct," Roth said at the time.
Foley represented parts of Palm Beach County for 12 years. He has kept a low profile since coming out of rehabilitation late last year but has been seen occasionally in the West Palm Beach area.
Foley was seen as a shoe-in for re-election in 2006. His resignation received national attention as Democrats were trying to win 15 Republican seats to regain power in the House. Democrat Tim Mahoney won the election after Republicans had just weeks to select a new candidate to replace Foley, whose name remained on the ballot.
Then-House Speaker Dennis Hastert, R-Ill., and other Republican leaders came under fire for their handling of the Foley matter. Hastert had claimed he did not learn of Foley's messages to the teens until the scandal broke. A House ethics committee concluded in December 2006 that Hastert actually had heard about the e-mails months earlier, as had other Republicans, but the panel did not find that anyone broke rules.
Florida authorities had said their investigation was hampered because neither Foley nor the House would let its investigators examine his congressional computers.
In a letter to the FDLE obtained by The Associated Press, House Deputy General Counsel Kerry Kircher wrote that because the data "may contain legislative information that is constitutionally privileged ... and because Mr. Foley has not waived that privilege ... we cannot simply give you access."
The Florida agency had been working with the FBI and Foley's attorneys to gain access to information on the computers. Foley's attorneys have declined to comment throughout the investigation.
Foley himself was the only person who could release the computers for review, but he had refused. It was not immediately clear what information from the computers investigators had been able to review - if any - before concluding their investigation.
House officials said they did not find any sexually explicit photos in a review of some e-mails Foley sent and received through his congressional account, but the e-mails did not include all of Foley's communications.
Some may have been deleted from the main congressional computer server but would likely still have been accessible from an examination of the actual computer hard drives.
© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.



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See all 62 CommentsSince when does the constitution provide for keeping secret, information of legislative proceedings that affect the lives of the public?
Other than matters pertaining to a narrow scope of military capability, there should be no secrets kept from the public, on computers the public paid for.
Florida''s Republican Administration refuses to prosecute fellow Republican and pedophile Tom Foley.
George Bush''s Administration refuses to prosecute this pedophile.
John McBush puts out advertisements slandering Obama as a pedophile because he wants to teach children how to avoid sexual predators like Tom Foley.
This all must make perfect sense deep inside some GOP smoke room.
You can do that in a criminal investigation?
(R) Mark Foley is yet another example of the true nature of the GOP (Grand Ole Pedophiles.)
The Republican Party is a bunch of lying criminals!
The Repubs "values" have brought this country the following:
Torture, Treason, and Pedophilia.
Larry Craig, the neocon Fascist Nazi Republican Senator from Idaho, is still in Congress even though he pleaded guilty to trying to "pick up" a male cop in the men''s room at the Minneapolis airport!
David Vitter, another neocon Fascist Nazi Republican Congressman, was trucking prostitutes back and forth between DC and Virginia breaking federal law, but he is still in Congress.
VP Darth Vader Cheney has a daughter who has "come out of the closet" and is living with another woman.
Sarah Palin says its OK for HER daughter to get "in a family way" BEFORE she gets married to the unborn''s father, but its NOT OK for anyone else!
THIS IS FAMILY VALUES???????????
SIG HEIL, WHO IN CORPORATE AMERICA NEEDS HELP NEXT?, BUSH!!!!
sig heil, THE ECONOMY IS FUNDAMENTALLY SOUND!!!, McCain!!!!
sig heil, MY SON IS HEADING FOR IRAQ, WHICH IS RIGHT NEXT TO RUSSIA!!!!!, Palin!!!
In the same way that there''s never been a millionaire executed in the history of the US, now there''s this b.ullshit about a Republican representative getting away with talking dirty *** to an underage boy.
These folks are so shameless they''ll even make up laws to exclude family members who have been caught with illegal drugs or dealing with them.
How can anyone in this country put up with this? Ever since when has the rich become gods to whom we need to revered to the point of excluding them from human law???
Posted by dburfears at 09:30 PM : Sep 18, 2008
The cynicism displayed by McCain here verges on the grotesque. This one lie, this ONE ALONE, shows what a despicable human being the Republican candidate is. And this is just one of an endless catalog of lies McCain/Palin have told.
"Hornorable" Republicans would discard this liar immediately, but sadly there apparently are no honorable Republicans.
Every time this hack pulls out his "I was a POW so you have to vote for me" BS I think, what a disgrace that this coward drags all American soldiers through the mud.
McCain and his supporters are beneath contempt.
We''ll give Strom Thurmond (R-SC) a pass in view of his statesmanship leading the historic Dixiecrat Party.
FOLEYZP1900@YAHOO.COM
PASSWORD-purplehaze69
Posted by Bhoogren at 11:15 PM : Sep 18, 2008
What actually happened was that the ACLU was defending someone who was accused of committing the murder of a child because he described the killing.
The person happens to be member of NAMBLA but at no time did the ACLU meant to defend what he believes in, but only his right to be able to write without the fear of being persecuted for it.
This is a huge, huge, huge difference between this sort of litigation and the hypocrisy of defending someone who''s solely on trial for trying to have gay *** with an underage male.
Posted by jumkey
Big talk from a low life liberal backer of baby killing as a sport. So you think your any where near honorable? Not by a long shot. As obaaaaamaaaa says, TYPICAL low life liberal mentality.
Posted by babooph
I know what you mean, if it wasn''t for a low life liberal biased media we might be able to get those dems out of office and clean things up in Washington. As it is, the libs get a free ride no matter what they do wrong, they have a different set of rules to live by, they don''t have to answer for their crimes.
Posted by pirmin3
Typical lib, just don''t get it do you. The only time a democrat waves a bible is whe it''s time for election and they rush to the nearest church steps for a phot-op. Yes sir, just as obaaaamaaaa says, TYPICAL liberal mindset.
He may not have gotten the chance to violate any of these teenage boys, but he most certainly made illegal use of the internet when he sent those lurid messages to these boys!
To turn that pervert loose on the streets of America, is unconscionable! And it will force someone in the area where he lives to have to protect the community the next time he ''acts out''! Because he''s NOT going to stop! He wants it and he enjoys it too much!
That the Republican party, and federal and state officials are protecting this criminal is unforgivable! Thanks G.ang-O.f-P.erverts! You stink!
Posted by babooTypical liberal, what have you got against the right to life viewpoint? Wouldn''t you want us to defend you if someone didn''t think you were worth letting live? I wouldn''t disagree with them, but I''d still have to defend your right to life, no matter how insignificant and low lifed it is. One shouldn''t kill at all, especially a baby that isn''t big enough to defend itself yet. That''s the adults job, especially the adult male of the community, problem is there''s not many real men left to defend, it''s getting hard to cover all the ground with so few. Too many men are usless these days, they''ve turned into low life cowardly liberals that take enjoyment out of killing someone that is no threat to them. Feeling manly now little one?
To turn that pervert loose on the streets of America, is unconscionable!
Posted by stn_sage
Yeah, when it''s a democrat that commits these acts, libs say nothing, remember the different set of rules that liberals get to live by?
As far as your remark about letting them go being unconscionable, I agree. That''s why democrats re-elect perverts back to office. Thank you for bringing that to everyone''s attention.
Posted by stn_sage
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Yeah, when it''''s a democrat that commits these acts, libs say nothing, remember the different set of rules that liberals get to live by?
As far as your remark about letting them go being unconscionable, I agree....
Posted by billarynfl at 01:24 AM : Sep 19, 2008
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The problem with what you say is the last few years the vast amount of MORALS violations has been GOP politicians and appointees! The next time a Dem gets
caught stalking boys, I''ll be calling for his removal, though I''m not a Dem.
Secondly, nobody has gotten more of a ''free ride'' when it comes to no prosecutions for illegal activities than members of the G.O.P.! So, don''t be surprised that non Republicans on this board don''t take your indignation seriously! From our point-of-view, these guys are just scum crooks who belong in jail, nothing more!
And they have the gall to call themselves "christian".
In more ways than one.
Hey Mark! Get off Scott, he ain''t free!
Find another way of getting off.
LOL
In the same way that there''s never been a millionaire executed in the history of the US, now there''s this b.ullshit about a Republican representative getting away with talking dirty *** to an underage boy.
These folks are so shameless they''ll even make up laws to exclude family members who have been caught with illegal drugs or dealing with them.
How can anyone in this country put up with this? Ever since when has the rich become gods we need to revere to the point of excluding them from human law???
Another example of how people with means and law enforcement are good buddies.
Oh so,,, because we have other issues, we should just let this freak go?
You''re right, we have other things to worry about.
Let''s not spend anytime on him.
Through the freak in jail for ten yrs, and forget about him. And we don''t waste any time on him. And bubba gets a new playmate.
See? no fuss no muss, we''re all winners! Even Bubba!
--------------------------------------------------------------------------------
Posted by onemoretim at 07:24 AM : Sep 19, 2008
Sorry, I misunderstood your post.
But yes,, you are right.
Where do they find the time to have s/ex or talk about s/ex.
And I''m not talking about the unwanted s/ex they''re having with us, if you know what I mean?
LOL
If we allow the Godless Democrats to diminish our message by peeking into the privacy of our Closets, Computers and John-Stalls for the purpose of diminishing our righteousness, than America will succumb to being led by humanistic social program supporters!!!
just kidding...
Regards,
Posted by Nancy_Naive at 07:46 AM : Sep 19, 2008
They have managed to transform that into an oxymoron, haven''t they?
I wonder if they dreamed of leaving this legacy behind when they were little kids?
Posted by mgpm at 08:19 AM : Sep 19, 2008
Really - for instance, consider that Minnesota Republican Senator, Larry Craig.
Given what Monica was doing, I am sure that Clinton, too, was using a "wide stance", which is apparently all it took to exonerate Craig.
Sorry, Minnesota - he just dirtied your bathroom, not your reputation.
While a hundred or so of them are stalking our children and hanging out in airport bathrooms, the rest of them are *** the middle class.
Posted by notblue at 09:33 AM : Sep 19, 2008
errr so you aer saying the FBI should not have investigated what at the very least was innapropriate sexual inuendo by Republican Foley towards some of the pages he was charged with helping to oversee ? or you are saaying because it wsnt your son wasn''t involved its ok ? or are you saying its congress fault because he is a Republican legislator just like Craig buried in the closet?
Posted by chefrc at 09:56 AM : Sep 19, 2008
____________
You are correct if you make one small correction in the detail(s) you have presented.
On "To Catch a Predator" emails and communication is exchanges with minors, that is very true, BUT arrests are not made until the predator actually shows-up to commit the proposed act. I don''t think I have ever seen that Foley showed for his victims. I do not condone what he did, but he did not complete the act.
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