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ABC Exclusive: No Prosecution Likely for Foley

December 08, 2006 7:38 PM

Jason Ryan contributed to this report:

According to Justice Department officials, it is unlikely that the U.S. Attorney's office in Washington will press forward on a prosecution in the Foley case.

According to several sources, prosecutors have had difficulty establishing probable cause of a crime. The barrier in getting past the probable cause threshold was the statute on transmitting obscene materials to minors. Under federal law, the age of minors receiving obscene materials is 16.

December 8, 2006 in Mark Foley Internet Scandal | Permalink | User Comments (67)

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The investigation is a little short on length, that is to say on how long every body had memos in the GOP circulating as to the predatory nature of Foley's homosexual behavior, it was noted in at least 1991 and possibly as early as 1989. I would love to see his travel and hotel records for all his "public service", wouldn't anyone else?

Posted by: Ed Bolinger | Dec 8, 2006 11:35:34 PM

brian ross should be charged with impersonating a journalist.

Posted by: william sadler | Dec 9, 2006 10:58:00 AM

Interesting how this was a breaking news story timed to influence the elections, and now it is pretty much off the radar screen. Looks like the timing of this story served its true purpose.

Posted by: Maria | Dec 9, 2006 11:59:08 AM

Oh so if you're 17 its ok? Let me guess Foley is now working on his big book tour, Oprah show, and overall combeback and we'll be just the suckers to line up and hear his sorry tale of deceit.

The man is a disgrace, an embarssment, a liar and a victim who passed on his pain to others to become new victims.

Posted by: billyboy | Dec 9, 2006 12:32:20 PM

The sound I hear is the huge rug being lifted to sweep the mess under.

That carpet isn't big enough to bury Iraq mess under it.

Posted by: geek | Dec 9, 2006 3:29:09 PM

How does this relate to Iraq again? I love how everything for liberals relates some how to Bush bashing or the war.
I do feel bad for the young men who were taken advantage of. However it would seem the liberal media including ABC here was quick to jump on a bandwagon of slander and mud slinging. Do not mince my words, what Foley did was disgusting. Sad situation.

Posted by: Steve C. | Dec 9, 2006 3:53:51 PM

It's good to see the Democrats' strategy of offering no plan of their own just destroying Republican's reputations worked to get them a majority. Too bad the facts weren't important to the media or the voters. Why aren't Gays upset that their chosen party abused one of their kind to win votes? It's good to be a liberal because standards mean nothing.

Posted by: realamerican | Dec 9, 2006 3:57:45 PM

consider the following lesson in political ethics:

republican politician, behaves in slimy manner (speaks to underage pages in lewd language), commits no crime, but resigns in dishonor after the moral outrage from ensuing scandal broadcast on every news channel.

democratic politician, engages in actual illegal behavior (takes underage page out of country to actually have sex), receives standing ovation from fellow congressional slimeballs, continues in slimy political career.

Posted by: randf | Dec 9, 2006 4:51:47 PM

To Real American:

Gay people were not upset that the Foley was 'abused' because he is NOT one of our own. Foley is a pedophile with very serious and terrible issues. Who knows how many kids he messed up and took advantage of. Of course, the republicans didnt really investigate so we'll never know. You should really become educated before you start posting things.

Posted by: Herb | Dec 9, 2006 4:58:16 PM

Sorry I had to respond.

What this group of Republicans (and I am a conservative) refuses to do is accept responsiblity for anything and to sweep criticsm and responsiblity under the carpet.

I note that anytime there is a criticism the reaction is to claim its the liberals or that someone is not supporting the war.

It is clear that the House Leadership failed to exercise proper stewardship of the Pages or take serious the actions of one of its members.

Worse, the Congress allowed itself to be made irrelevant by the Executive Branch, on the war, energy policy, and spending.

It is not a surprise that they want the Foley case to go away because it is a total embarrasement.

Even the President called this a do little Congress, one dominated by his own party who have pretended to be conservative but have proven otherwise.

The election went the way it did because of arrogance and not seeing things for the way they are, not what some pretend it to be.

Posted by: oldgeek | Dec 9, 2006 5:18:12 PM

The current Republican leadership just want this to go away, just like Iraq.

The election of a Republican Congress and President provided a unique opportunity to govern in the tradition of solid conservative values. Clearly that did not happen and the arrogance of power and the inability to accept responsiblity for anything is a huge dissapointment, and that is why the election went the way it did.

This President has caused huge damage to consevatives and our sense of values.

Posted by: oldgeek | Dec 9, 2006 5:23:51 PM

This so called "breaking news" story was released (timed) to influence the November elections. Timing is everything and it seems to have worked.

Posted by: Maria | Dec 9, 2006 5:50:52 PM

To Herb:

Foley IS a slimeball and he MAY have been a pedophile, but we do not know if he committed an illegal act. Does the concept of "innocent until proven guilty" mean anything to you?

I'm not excusing his behavior; I personally think that politicians need to act better than they do (on both sides of the aisle), but I don't think it's just to convict the man in the court of public opinion simply to win an election.

Did he commit a crime? At this point, it doesn't appear that way. Does it warrant investigation? Certainly. Should he continue to serve in Congress while fooling around with pages? No.

Posted by: Joe | Dec 9, 2006 6:11:20 PM

Everybody according to the law was a consenting adult? Is it because he's gay? If he had been drooling over britney spears when she broke out at what 16/17, that would be OK right? Instead of getting mad at somebody for obeying the law, change the law, or shut up about it.

Posted by: Jacob | Dec 9, 2006 6:11:41 PM

Herb,

I'll take my Master's Degree in political science and MBA and sit down with you any time to discuss the hypocrisy of liberals. You're so blinded by your hatred of conservatives that you can't see how Democrats used Foley's homosexuality to turn off the Republican base. If you're not offended by that I don't believe you're Gay. You need to practice what you preach.

Posted by: realamerican | Dec 9, 2006 6:33:47 PM

I am very embarrassed that my party used a gay man to further their political careers. They knew that the Republicans would react badly to one of their own being a homosexual, so they did whatever to win and in the process set back gay rights. I expect the Right to be hypocrites, but I didn't expect the Dems to be so blatant about it. I guess it just goes to show they're all slimy politicians.

Posted by: slaphappy | Dec 9, 2006 7:02:29 PM

Let's get on with throwing the searchlight on corruption in congress.

How about ColdCash Jefferson next? Gonna do an expose on that?

I mean we all saw him fly home in that helicopter during Katrina. He should have been helping those poor people - or at least not tying up a CG helicopter to go home and hide his evidence.

Posted by: Linda | Dec 9, 2006 7:13:39 PM

Why does no one ever mention the fact that the age of sexual consent in the District of Columbia is 16. I'm no prude, but I question whether it SHOULD be legal for a 50-year-old to have sex with a 16 year old. But because it IS legal under current law, doesn't that make Foley just a sleazebag, but not a criminal?

Posted by: David | Dec 9, 2006 8:16:59 PM

As a retired Coast Guard veteren I am personally offended that someone like this was ever put in a position of authority. My current wife came from Viet Nam and even there things like this Foley business would be considered beneath contempt.

Posted by: Hal R. Hosfeld | Dec 9, 2006 8:24:56 PM


does any one remember Congressman Gary Studds. He did what the news media accused Foley of trying to do.

Posted by: mahlon riggs | Dec 9, 2006 8:28:38 PM

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