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Foley Unlikely to Be Prosecuted; Lewd Internet Messages Too Old
September 14, 2007 8:26 AM
Disgraced former Congressman Mark Foley, whose e-mails and instant messages to teenage former congressional pages shocked the country, may avoid criminal prosecution in Florida because of the state's three-year statute of limitations.
The Florida Department of Law Enforcement did not start a criminal investigation of Foley until November 2006, making it nearly impossible to prosecute what some officials regarded as the best case, an explicit instant message sent by Foley to a 17-year-old high school student in February 2003, when Foley was in Pensacola, Fla.
"Barring any extraordinary circumstances, it is very unlikely for charges to be filed in a case once the statute of limitations has run its course," said Aya Gruber, a former federal public defender and professor of law at Florida International University.
THE BLOTTER RECOMMENDS
Federal officials turned the case over to Florida after concluding that Foley did not engage in any actual sexual contact until the former pages had turned 18, and had therefore not violated federal law. Washington, D.C. law defines the age of consent as 16.
Under Florida law, it is a third-degree felony both to use the Internet "to seduce, solicit, lure or entice" a minor "to commit any illegal act...relating to lewdness and indecent exposure" and to transmit any "information or data that is harmful to minors...via electronic mail," which includes instant messages.
The statute of limitations hasn't been the only hurdle in the Florida investigation. Last month, lawyers for the U.S. House of Representatives denied Florida law enforcement officials access to the former congressman's computers, as previously reported on the Blotter on ABCNews.com. Investigators believe Foley may have used the machines to send illegal sexually explicit message to former congressional pages.
A Florida Department of Law Enforcement spokeswoman told ABC News at the time that House lawyers denied their request to turn over the computers, citing the Speech or Debate Clause of the Constitution, which protects congressional papers. The House claims Foley's computers are the equivalent of congressional papers, and that only Foley can waive his congressional privilege and grant access to them.
At the time, the spokeswoman, Kristen Perezluha, had said the department was working with Foley's lawyers to obtain access to the computers. This week she would neither confirm nor deny they had been granted access.
Perezluha did tell ABC News the investigation was almost done. "They (investigators) hope to have it wrapped up soon," she said.
Calls to Foley's attorney were not returned.
Foley resigned Sept. 29, 2006, hours after ABC News questioned him about sexually explicit messages with former congressional pages, some of whom were under the age of 18 at the time of the exchanges.
This post has been updated.
Do you have a tip for Brian Ross and the Investigative Team?
September 14, 2007 in Mark Foley Internet Scandal | Permalink | User Comments (28)
It does not bother me that the statute of limitations has been exceeded in this case. Foley has already been tried and found guilty by the American public. He will continue to be ostercized from the public and will forever be labeled as a low-life.
Posted by: Jeff | Sep 14, 2007 9:51:47 AM
To this story..what ever a person does..if it is ugly or cruel..but doe not mame another to the point we scream..we manage to go on for the other scenes..too much going on that imprisons our actions..seperates our focus from priorities of disaster...I am one who is very aware but has not been heard by the "BIG BOYS" upstairs..so for now I will contend that this man is just like many men, those that have and those have nots..money is the cream of the crop..statutory times is bad for law..many crimes escape us for lack of intelligance to adhere to time..much to soon happening on the front page..lives are at the center of games..Apachecheynne
Posted by: Apachecheynne | Sep 14, 2007 10:30:10 AM
Maybe Charlie Crist, the governor of Florida who- if you get my drift- has something in common with Foley, interceded and stalled things until the statute of limitations is reached.
Posted by: ProfessorVP | Sep 14, 2007 10:34:13 AM
Why isn't there a federal law that supercedes this Florida law? If a catholic priest can be charged 20 years after he diddles a kid why not this foley scumbag
Posted by: Jim | Sep 14, 2007 11:18:03 AM
Jeff, so in your opinion just having the public know you comitted a crime is punishment enough?
Or is it only sufficent if the crime is soliciting sex with a minor?
Is it only sufficent if the crime is comitted by a rich white guy with lots of political clout?
What if it was some jobless guy living in homeless shelter?
Is knowing that "He will continue to be ostercized from the public and will forever be labeled as a low-life" sufficent punishment for the crime?
Posted by: Pan_theFrog | Sep 14, 2007 11:55:48 AM
So the new precedent set by ABC and the democrats is that if a person is "accused" of shameless homosexual behavior he should be run out of public office. Where are the ABC stories/investigations with respect to Rep. Barney Frank? His homosexual adventures in Washington, D.C. are legendary. Indeed, rumours abound about Hitler's sexual preference. What's next?
Posted by: jim jones | Sep 14, 2007 12:25:17 PM
As a former Florida resident, I recall the election fiascos of 2000, 2002, 2004 and even 2006 under Jeb Bush as governor. Again I suspect Jeb's political influence had an effect on delaying or ignoring the invesstigation until it was too late.
Posted by: Franklin Neubauer | Sep 14, 2007 12:30:37 PM
Anyone ever see "TO CATCH A PREDATOR" on NBC? If Mark Foley did not have the former House Speaker & GOP Leadership protecting him: HE WOULD & SHOULD BE IN JAIL! The man is a menace to young BOYS everywhere! HE IS A SEXUAL PREDATOR! HE SHOULD BE LISTED AS A SEX-OFFENDER! Sick man, that Mark Foley.
Posted by: WashDCInformant | Sep 14, 2007 12:47:36 PM
Oh sure its ok, he's been judged by the public.Now he's free to roam the streets and molest more children.
Posted by: wallygator | Sep 14, 2007 12:49:05 PM
Please identify Mr. Foley as a Republican. He has shown to be the first to fall in a myriad of Conservative Republican sex scandals. The reason that I want the public to be confirmed that he's Republican is that FOX news has mislabeled several of these miscreants as Democrats.
Posted by: Mark Thompson | Sep 14, 2007 12:49:25 PM
To important people, losing their importance is punishment enough, but unimportant folks deserve all the prison time the get... and more.
Posted by: anonymouse | Sep 14, 2007 12:56:40 PM
Most of us are taught to forgive, but forgiveness should never be seen as "enabling" someone to continue their behavior. There is a difference between criminal actions and civil actions. Perhaps it is too late for criminal action, but not for civil action (?) and Mr. Foley may yet find that his behavior is very costly to him. To me this has nothing to do with his sexual orientation or political affiliation ... but a behavior that cannot be tolerated in civil society.
Posted by: Rev. Hank Bates | Sep 14, 2007 2:15:27 PM
Jim, you said, "Why isn't there a federal law that supercedes this Florida law? If a catholic priest can be charged 20 years after he diddles a kid why not this foley scumbag"(?) Well, I sort of agree. I also have wondered why there was indictment of Gerry Studds when he ACTUALLY had sex with an underage teen boy. Not just dirty talk, he went all the way. Not only did he not go to jail, but he continued to have a lifelong career as a democrat. Amzing ain't? Hardly compares to what Foley did. The difference is Foley is a republican. I'll never understand why a republican thinks they can get away with the things that democrats can. I mean even Craig got busted playing footsie in the bathroom, but he didn't kill anyone like Kennedy did and Kennedy has also had a lifelong career as a democrat just like Studds. Hillary Clinton has lots of stink on her, but see if any of it will be pressed to stick. William Jefferson, busted taking bribes. Gets reelected. Based on what I've seen, this can only help his career as a democrat. Think Marion Barry...
Posted by: TexBork | Sep 14, 2007 2:52:34 PM
and...on top of this...he will continue to draw his pension. Any congressman who has a felony on his record can continue to draw their pension. THIS IS SO WRONG!!!!! But..they are above the law, apparently. Such a double standard!
Posted by: cs | Sep 14, 2007 4:02:26 PM
Foley has something on probably several people or further investigation would turn up something of bigger involvement or other people's embarrassing behavior. This situation has been far too quiet, compared to Sen. Larry Craig incident. I say COVER UP.
Posted by: anonymous | Sep 14, 2007 4:53:23 PM
The face of the Republican Party: Republican Mark Foley. Apparently protecting Republican Mark Foley was a "small price" to pay for Republican Boehner and his pals to stay in power.
Posted by: Citizen | Sep 14, 2007 6:37:26 PM
TexBork-Because everyone expects behavior like you've described from Democrats. They've spent a lifetime making sure it's OK if they get caught in the act while Republicans get crucified for even thinking about it. Having said that, as a Republican, a Floridian and a parent, I think Mark Foley is a disgusting pig who does not deserve consideration. I would have turned his computers over in a heartbeat. If he's stupid enough to send emails like that, he's too stupid to keep serving in the House.
Posted by: paguyinfl | Sep 14, 2007 11:20:27 PM
E-mails may very well violate federal laws as well as state statutes; most certainly if the servers connect to terminals outside of the state. Then it becomes interstate transmission and falls under the FCC's rules. I suspect there is more to this story than a simple expiration of the statute of limitations
Posted by: bob crawford | Sep 15, 2007 1:24:32 PM
This is probably a federal crime in that the e-mail server is connected to the internet which, again, falls under the federal statutes for interstate communications. What is the federal law? It sounds like there is more here than just a statute of limitation having expired.
Posted by: crawford | Sep 15, 2007 1:29:57 PM
paguyinfl, I can completely understand your sentiment. (I am a Floridian by birth as well.) The truth is that republicans who want to act this way need to switch parties or drop out. No republican should ever think they can get away with what democrats can.
Posted by: TexBork | Sep 15, 2007 3:47:50 PM
No More Victims Act-2007- An Act of Prevention
I read on a Wall Street Journal Forum that John Walsh is behind this. And something about Foley and what is really on his computer. (?) WHAT NEXT??? Is the fox guarding the hen house??? This really could happen, just like the AWA that was back doored as “Non-controversial” and Congress never got a chance to debate it. It is time to base our laws, not on myths, lies and fear factors, but on legislation based on FACTS by Experts in these fields.
We have two choices. Continue to incrementally, implement the No More Victims Act of 2007. And like the frog in the water, slowly destroy the U.S. Constitution for ALL. OR do the right thing and restore sanity to these laws.
September 5, 2007
The No More Victims Act-2007- An Act of Prevention
Our nation has become one filled with fear and suspicion. We don’t know who to trust and our cries for prevention of child sexual abuse have gone unheeded. We have registration for after…. the fact. It continues to grow at an alarming rate…..after the fact. After the fact is not good enough. After the fact is too late. Prevention deals with before the fact and isn’t that what we want?
Posted by: Linda | Sep 16, 2007 10:40:21 AM
YUCK... to think that he shaked my hand one day when he was campaigning and visited the company in Florida I was working for.
Posted by: Rick_VT | Sep 16, 2007 7:03:13 PM
Was Mr. Foley convicted of any Crime?? He resigned. Mr. Foley, being Gay, as far as any evidence suggests, never molested anyone. He had consentual sex with adult young men. Is this not what Gay's do?? Lets assume that Foley was a woman, an she wrote emails to a 16 year old boy. Would that be a crime? If she waited until he was 18 an then had sex with him, would that be a Crime?? We have Teachers in this country that don't get the press as did Foley, doing alot worse things. Its always the hypocrisy issue, that hurts the Repubs. Look at all of crimes around the country, that Democrats are committing, New Jersey comes to mind, plus the wife cheating of the Mayor's of San Francisco, Los Angeles, an Detroit. I guess President Clinton set the standard. In the Mayor's situations, there is hypocrisy as well. But the Demos seem not to have a morals clause.
Posted by: Homjett | Sep 17, 2007 5:42:05 AM
This is just sick of how all of these people can get buy with this. See the facts about John Walsh, Mark Foley, and Mark Lunsford strange that they are all from Florida?
Political Corruption!
Posted by: JOHN | Sep 17, 2007 7:42:30 PM
Leglislatures nation wide show get to work,
How can there be a "statute of limitations" on child abuse cases.
We care more about money than anything,
so much for "family values"...
Posted by: blackie | Sep 19, 2007 1:23:04 PM
hey hes a fl rep he can do what he wants thed probly let him run again only rep votes count in fl -dem votes get lost
Posted by: davidpatrick344 | Sep 23, 2007 9:13:31 AM
I don't think I can vote republican anymore. too many of these men are turning up to be sex predators or hiding sexual secrets. Voting dem or pub is going to get us immoral behavior, but I think I'll vote dem b/c at least they don't HIDE the behavior. I need to know what I'm voting for.
Posted by: robthomaseyes | Sep 24, 2007 9:56:11 AM
Gary Studds, a former US Rep. from Mass., molested a 14 yr. old boy who was a House Page. Nothing happened to him. In fact, the Dems honored him on the floor of the House after this happened. Corruption is rampant among the politicians. We the people must rise up and demand that the corruptors be removed from office immediately.
Posted by: jackp | Mar 11, 2008 2:14:34 PM
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