It was last September when the story first broke that U.S. Rep. Mark Foley was sending inappropriate e-mails to underaged U.S. House of Representatives pages. It was September 29 when Foley resigned from the House and entered rehab for alcoholism and “behavioral problems” related to childhood sexual abuse by a priest. Here iwe are on the cusp of April and the perv still hasn’t been charged. Why not?
According to the Associated Press:
“I can’t really give any more detail other than to say we’re still in the preliminary investigative stance and we are working with state authorities,” said Debra Weierman, spokeswoman for the FBI’s Washington field office.
Florida authorities announced their own criminal investigation in November but have remained tightlipped on the status since then.
Foley’s lawyer maintains that he never did anything physical to the pages, so no crime was committed. That may be the case some places, but not in Florida:
Federal law generally requires a person to meet or attempt to meet a minor for sex for it to be a crime. However, under laws in some states where the Florida Republican communicated with minors, an attempt to seduce the victim might be enough for a criminal case.
Under state law in Florida, where the age of consent is 18, a crime may have been committed if Foley is simply found to have seduced or attempted to seduce a minor using lewd or explicit language.
The South Florida Sun-Sentinel was a little more blunt:
“This type of activity would fall under Florida law’s criminal statute,” said Maureen Horkan, director of the Child Predator Cybercrime Unit in the Florida Attorney General’s Office, adding that the statute is “broad.”
The law states “any person who knowingly utilizes a computer online service or Internet service to seduce, solicit, lure, entice, or attempt to seduce a child” would be committing a third-degree felony and could receive a jail sentence of up to five years.
So why are law enforcement authorities dragging their feet on the investigation? It doesn’t sound like they are working the case zealously:
Florida Department of Law Enforcement officials said Wednesday the Foley investigation is “still ongoing” and is weeks if not months away from concluding.
“We are still conducting an active and ongoing investigation into the matter and continue to work with the Florida Attorney General’s Office Cybercrime Unit,” said Kristen Perezluha, an FDLE spokeswoman.
Meanwhile, FBI officials said they are still conducting a preliminary investigation into the matter. “Nothing has changed,” said Debbie Weirman, an FBI spokeswoman. “We are still working with Florida authorities. It is still a preliminary investigation.”
In an interview Wednesday, Stephen Jones, a lawyer for one of the underage pages at the center of the controversy, said authorities have not questioned his client since October.
“Nothing has occurred this year,” Jones said. “[State and federal] authorities have not contacted us recently.”
Foley is an embarrassment to the Republican Party. Any charges or a trial would just dredge up the scum that surrounds Foley, whose resignation contributed to the Democvratic takeover of the House of Representatives last November. It’s in the best interests of the GOP powers that be to keep the Foley case under wraps and out of the media — at least until after the prez elections of 2008. And remember, Florida is a RED state.
Here’s what Foley would have to do if convicted and labeled a “sexual predator” under Florida law:
- To ensure all sexual predators and sexual offenders are identified through the Department of Highway Safety and Motor Vehicles (DHSMV) system the following Florida driver’s license or ID card registration change was added:
- Within 48 hours after initial registration, whether the sexual offender/predator is released or under custody of the Department of Corrections (DC), he or she shall register in person and present proof of initial registration at a driver license office of the DHSMV to secure a Florida driver’s license or ID card.
- The sexual offender/predator must also report to DHSMV within 48 hours any change of address or renewal of driver license or ID card.
- The failure of a sexual offender/predator to maintain, acquire or renew a driver’s license or ID card, to submit to the taking of a digitized photograph, provide location information or by act or omission to comply with registration requirements, is a third degree felony.
- Within 48 hours upon notification by the Florida Department of Law Enforcement (FDLE) of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator establishes or maintains a permanent or temporary residence shall notify each licensed day care center, elementary school, middle school and high school within a 1-mile radius of the residence of the sexual predator.
- A sexual predator or sexual offender who was designated by a court on or after October 1, 1998, and released from supervision or confinement for at least 20 years and has not been arrested for any felony or misdemeanor offense since release, may petition the court for removal of the sexual offender/predator designation.
Added Community Notification Requirement (Effective July 1, 1998):
Sexual Offender/Predator Designation:
I wonder how the former pages feel about justice deferred ….
This stinks. Pedophile Foley ought to be on trial by now. Let’s keep the discussion of this injustice LOUD.
As much as God’s Own Party [of Pedophiles] sincerely do have a long history of pedophilia and child abuse [see http://www.armchairsubversive.com/] Foley’s email professed sexual attraction to legal aged congressional male Pages DOES NOT make him a pedophile by any definition of the word’s psycho-sexual context. A pedophile is someone who’s attracted to pre-pubescent CHILDREN typically less than 12 years of age.
And why hasn’t “Why Hasn’t Pervo Mark Foley Been Arrested?” Well, it’s not necessarily a crime to express one’s sexual attraction to another LEGAL aged male, which as far as I remember in Foley’s case, was 17 - an adult of a sexually consenting age in most all states. However it could be considered ’sexual harassment’ in a work situation I suppose and subject to civil law, but not criminal law…
I thought that I read somewhere that one’s crimes as a senator or representative are no longer prosecutable when one is no longer a senator or representative.
Foley resigned in order to avoid prosecution-the reason was not out of shame for what he had done but undertaken in order to avoid prosecution.
Just like the Tillman case where there is no case to be brought against those involved in the ‘Friendly Fire’ incident as they may no longer be in the military and are no longer
susceptable to the laws of military justice.
LIKE THE OLD CLICHE’ GOES “HE KNOWS WHERE THE BODIES ARE BUURIED” SURPRISE; SURPRISE SURPRISE; ANY GOMER KNOWS HE WASN’T THE ONLY ONE IN WASHINGTON WITH HIS HAND IN THE VASELINE JAR;
when will democratic congressman from massachusetts barney frank be arrested and prosecuted for running a gay whorehouse out of his official residence? seems to me that its only a scandal when republicans are involved. both parties are filled to the brim with sexual deviants both gay and straight.
First, he doesn’t have an “official” residence. Like all senators and representatives, he pays for his lodging out of his own pocket.
Second, he didn’t “operate a whorehouse.” A former boyfriend ran a call-out service from a room in Frank’s apartment without the congressman’s knowledge. When Frank found out about it, he informed the House Ethics Committee. After an investigation, the Ethics Committee found no evidence that Frank had known of or been involved in the alleged illegal activity. He received a reprimand by the entire House — and has been reelected by his district in every election since, having now served 26 years in the Congress.
Finally, and this is the important point, Barney Frank’s former boyfriend was a mature adult. - Eds]
If there was any justice in this world, Foley would be sharing a jail cell with Tom Delay.
Which would be appropriate, since they both enjoy porking people in the nether regions; one, literally, the other, figuratively.
Silly, silly, People. Don’t you know by now the elite knows what’s best for you and it’s best that this is buried. Now run along and watch American Idol like good little statistics.