House Lawyers Refuse to Turn Over Foley’s Computers
Email Lawyers for the U.S. House of Representatives have denied Florida law enforcement officials access to former Congressman Mark Foley’s office computers. Investigators believe Foley may have used the machines to send illegal sexually explicit messages to former congressional pages. Instant messages reviewed by ABC News last October indicated the one-time Florida representative interrupted a House vote to engage in Internet sex with a high school student who had served as a congressional page and had been 18 for just six weeks at the time of the exchange. The message, according to its time stamp, was dated April 2003, at approximately 7 p.m. — the same time the House was voting on H.R. 1559, Emergency War Time supplemental appropriations. THE BLOTTER RECOMMENDS Photos Foley Racing Into Trouble? Discretion Advised Read the Instant Messages That Forced Foley to Resign Full Blotter Coverage Mark Foley Internet Scandal Click Here for Full Blotter Coverage. Maf54: I miss you
Teen: ya me too
Maf54: we are still voting
Maf54: you miss me too The exchange continues in which Foley and the teen both appear to describe having orgasms in sexually explicit terms. Maf54: ok..i better go vote..did you know you would have this effect on me
Teen: lol I guessed
Teen: ya go vote…I don’t want to keep you from doing our job
Maf54: can I have a good kiss goodnight
Teen: :-*
Teen: <kiss> Click Here for Full Blotter Coverage. But a Florida Department of Law Enforcement (FDLE) spokesperson told ABC News that House lawyers denied the agency’s 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. Ken Boehm, chairman of the National Legal and Policy Center, a conservative anti-corruption watchdog group, said at the time of the FBI’s raid on Rep. William Jefferson’s Capitol Hill office, he was very opposed to then Speaker Dennis Hastert, R-Ill., and current Speaker Nancy Pelosi’s, D-Calif., assertion that House offices cannot be searched. A federal appeals court ruled earlier this month that although the search of a congressional office is constitutional, the FBI violated the Speech and Debate Clause in searching Rep. Jefferson’s office because the agents gained access to all of the congressman’s records without giving him the chance to argue some of his records concerned legislative business. "There’s nothing that distinguishes a congressional office from any other office," Boehm said. "If you have something privileged, a letter from your attorney, investigators can’t take that letter." But the House’s refusal to turn over Foley’s computers appears to grant congressional offices special privileges — something Boehm says no longer exists. "The type of all-purpose you-can-never-search-our-offices position is out," Boehm, who has advocated for a narrower interpretation of the Speech and Debate Clause, told ABC News. FDLE spokesperson Kristen Perezluha said the department has moved on and is currently working with Foley’s attorney and the FBI to gain access to the computers. Even without access to Foley’s government computers, Perezluha says her department is "hoping to wrap up its investigation in seven to 10 days," at which time it will be up to the state attorney in Pensacola, Fla., to press charges. Unlike federal law, the Florida statute makes it a crime simply to use lewd or explicit language that is harmful to minors. 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. Do you have a tip for Brian Ross and the Investigative Team?
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Why would the dem controlled house want to protect criminals and pedophiles. I don’t get it but it sure looks bad for them. I guess by protecting one they protect all.
Posted by: jim | August 23, 2007, 4:36 pm 4:36 pm
Republicans are protecting a pedophile?
Posted by: cat | August 23, 2007, 4:39 pm 4:39 pm
Great – the perfect hiding place for pedophiles – congress – I think it is time for our elected officials to take stock of their moral compass. The Speaker of the House needs to make this information available now I don’t care what party you represent if you are involved in this type of activity – you should be prosecuted. Quite frankly by shielding this pedophile congress has become complisit (sp) by proctecting him. The court wants the relevant information from his computer, and there are ways this can be guarnteed, so stand up for what is right, and release the computer files, but waht can we expect when a member of congress (Mr. Jefferson) is found with bribe money in his freezer, and that that gets swept under the rug. My suggestion next election cycle for both houses – NONE OF THE ABOVE.
Posted by: Gene | August 23, 2007, 5:12 pm 5:12 pm
Why would the dem controlled house want to protect criminals and pedophiles. I don’t get it but it sure looks bad for them. I guess by protecting one they protect all.
Posted by: jim | August 23, 2007, 5:18 pm 5:18 pm
You and I pay the house and senate to make laws to protect us and manage our country’s afairs. What we get in return is a load of crap from the senate and the house and finger pointing. I, and hopefully you, want this pervert, Foley, and those like him on both sides of the isle out. The real threat to us is not from the outside, but from whithin, from those who are supposed to care about the American people. I would like to see a hot line number 800 rat cong and 800 rat sena. Folks, these bafoons are preying not only on the superstitions of the American people, THEY PREY ON OUR CHILDREN.
Posted by: Richard Braswell | August 23, 2007, 6:29 pm 6:29 pm
I wondered a long time ago why his computers weren’t seized from the start. The average citizen’s computer would’ve been. Another case of protection.
Posted by: ron | August 23, 2007, 6:44 pm 6:44 pm
This a waste of money, he already resigned. She had something to do with it to. The FBI has more important stuff to do. This is just Clinton revisited, been there done that! Move On!
Posted by: Adams684 | August 23, 2007, 7:45 pm 7:45 pm
This is another example of congressional double standards. Rules that apply to everyone don’t apply to them. They pay no social security, don’t get the same health care we do, and they are protected from investigation. No wonder even those who say they are there for a limited term find ways to weasel their way into a life time appointment.
Posted by: Bill | August 23, 2007, 9:43 pm 9:43 pm
This man is sick, and he should be prosecuted.
Posted by: Bill | August 23, 2007, 9:44 pm 9:44 pm
Those in elected government are free to do as they please. There is no law that they must answer to and no enforcement that they must answer to as the common class has to on any given day. By law they are protected, and regardless of case and its merits, woe to the investigator who enters into their den without permission. Former NASA/DOD High Reliability Test and Failure Isolationist on the Guidance and Steerage Modules for the Manned and Unmanned Launch Vehicles.
Posted by: Williamwfh | August 24, 2007, 12:33 am 12:33 am
This has to do with Congress’ authority on its internal matters. Not only has the White House deemed itself unimpeachable, uninvestigatable, and above the laws of the land, but it also has tried to eliminate Congress own authority to investigate one of its members. Thats what the office search of Rep. William Jefferson was all about, an attempt by the Bush Regime to eliminate whatever power Congress had.
I agree that Congress doesn’t have to turn over anything. It was the GOP’s fault, not the democrats that Foley went so long without getting kicked out. The Democrats here aren’t worried about Foley, they’re worried about separation of powers and the authority of Congress. This is a very worrisome time in US history as the White House is hell bent on turning this country into a dictatorship. The last thing we need is Congress to be like the powerless Russian Duma, that functions as nothing more than a rubber stamp for the White House
Posted by: Steve Savage | August 24, 2007, 1:32 am 1:32 am
America is a nation of pedophiles!!!!!
Posted by: Mister Lifter | August 24, 2007, 2:16 am 2:16 am
1. Democrats control congress so Republicans aren’t protecting anyone. Never were. They forced him to step down.
2. If the Florida authorities have evidence that Foley engaged in any illegal (as opposed to creepy but legal) activity, they will be able to go to a court and get a warrant. If not, ABC shouldnt be reporting that they “believe” he did.
3. Dont forget that ABC is the one that initially reported that Foley was engaging in messaging with minors–a false charge they were forced to retract, but they published it just prior to an election and the retraction, as they knew it would, got nowhere near the attention that the original lie did.
4. my guess is that Democrats are stalling, hoping to draw out the process until closer to the next election so they can get the whole thing back in the news right before then to try to smear Republicans more.
But ABC and Democrats are too busy rehashing the scandal of a man Republicans forced out of the party and out of congress long ago to bother informing anyone of all the corrupt Democrats who are still in congress as we speak.
The bias is blatant and shameful.
Posted by: AmericanElephant | August 24, 2007, 5:12 am 5:12 am
There seemed to be a time when Congress policed their own. It was an honor to be in Congress. Now there are so many involved with illegal activities, the rules of law of the past are now hindering what was to prevent police harassment of one party over another. As these laws are not pretecting an Administration of law breakers. Allowing investigators into congressman’s office could set a president for the future. This is why the Corrupt Republicans have set the bar so low in these last 15 years. Their witch hunt of a president for lying about a bj. This administration using political offices to promote procedures to effect elections and put political programs in place to solidify their parties position in government.
As a conservative Republican and a great lover of our form of government, what the current batch of Republicans have done to this Government is dispicable. I’m starting to understand why the Democrats haven’t persued impeachment proceedings. By doing so, they would even further unravel the rules of honor that exist with the halls of government. It’s these rules which have given our country stability over the last 225 years. We definitely need to vote these scum bags out in 2008. The future of our country depends on it.
As far as Foley is concerned. I can see why the persuit of him isn’t important enough to effectivly lower another bar in procedures to weaken our government even more. Thanks You “current” Republican Party for putting party and the business interests of your supporters ahead of this country’s future. I hope this great country of ours survives you.
Posted by: roy | August 24, 2007, 7:43 am 7:43 am
Steve S. – You hit the nail on the head. The damage that’s being done to this country by this Administration and this batch of Gingrich, Frisk, Delay type of Republicans has got to stop.
I fear that another 9/11 type of attack would allow this administration to seal the fate of this country past the point of no return.
Posted by: roy | August 24, 2007, 7:48 am 7:48 am
Too bad Foley doesn’t live in Italy. If he had preyed on a child there, the relatives would have strung him up like he so RICHLY DESERVES. Why waste law enforcements time? We didn’t elect this pervert to prey on our children. If I see this SOB in public, he will find out EXACTLY how I feel about monsters like him.\
Posted by: Jack | August 24, 2007, 10:42 am 10:42 am
Doesn’t it seem odd that child rapists seem to get nice light sentences? I’m sick of hearing about it, Bill O’Reilly is trying to do something about it, Jessica’s Law, look it up and support it.
Posted by: dan burkard | August 24, 2007, 4:16 pm 4:16 pm
Now here is another really important story. Are you kidding me???? Tell me that ABC news can do better than this – please god, tell me!!!!!!!!
I am still waiting for all of the lefties to jump all over this case again, remember this was probably the single reason the democrat party took back control of Congress last year. What a load of crap!
Innocent until proven guilty for terrorists and islamic militants, but not a member of Congress, right Nancy, Harry and Rahm (and the rest of the anti-american maroons that frequent this site)?
Foley is a creep, there is no denying it, but this case was a five-minute story (tops). Using it as an example of the so called Republican “culture of corruption” when compared to what is still going on now on BOTH SIDES OF THE POLITICAL SPECTRUM, makes me sick.
Report on issues that people with more than a speck of grey matter care about. PRETTY PLEASE!!!!!
Posted by: jim jones | August 24, 2007, 4:53 pm 4:53 pm
Why “they” don’t want to release the computers ??? simple, is like opening a can of worms. The US Congress is a corrupted organization. They all have “little secrets” .Remember old FBI Director Hubber?..He got a lot of confidential information from the Congress and people in the highest places to protect his own butt , is like “if I have to go down everyone is going down” theme.
Posted by: FAS | August 24, 2007, 8:58 pm 8:58 pm
The point of this story is the rules shouldn’t apply if it hurts Republicans. The same guy who argued it was okay to search Congressman Jefferson’s office now says no to searching Congressman Foley’s computer. You see, two wrongs make a right. Or is that two or more wrongs make a right [winger]
Posted by: genzavets | August 25, 2007, 10:35 pm 10:35 pm
Mark Foley is an utter disgrace to all Americans and has to go down bigtime, not hiding out in a Detox center. He has to made an example of for simple misuse of House privilige and blatant abuse of his personal Conressional power.
If this ‘low-life’ predator is allowed to get away with preying on young boys, what next can we expect from the Republican Party? Murder perhaps? Actually, they’re already gotten away with that one on a grand scale with bogus reports of WMDs and creating the disasterous Iraq War!
Wake up America & vote these low-moraled leaches and bums out!
Posted by: Paul Johnston, Professor of Political Studies, UCLA | August 26, 2007, 8:57 am 8:57 am
The congress is the lowest of the low in my opinion.
Posted by: artist0122 | August 27, 2007, 10:42 am 10:42 am
Just another example of how Congress doesn’t have to obey the same laws they expect the rest of us to live by. They often write this dispensation into the laws themselves. How pathetic and disgusting. Between the high salary, the extremely favorable benefits, the healthcare, the exorbitant pensions, the fringe benefits, and now protection from law enforcement, it sure is good to be a Congressman. And americanelephant, almost nothing of what you said is true or accurate. But I guess you knew that.
Posted by: informedone | August 27, 2007, 3:28 pm 3:28 pm
that was an example of the white house corruption as I was making acting out what they do maybe thats why they get away with so much,,AG protected us from predophiles at least but who will now, oh I fotgot there is Brain he is the man
Posted by: Gloria | August 27, 2007, 9:37 pm 9:37 pm
I thought I had click on another blog should read it before I type, I have a15 year old and I NOT LET HER out of my sight even during the day
Posted by: Gloria | August 27, 2007, 9:39 pm 9:39 pm
It is really sad to see that a lot of people do not know what the laws are. For someone to comment so much on how the “Democratic Congress is hiding is files and is Protecting Criminals”, they are not mad at the FBI who messed up on properly serving the search warrant. And as far as why Congress hasn’t filed impeachment proceedings, well if the President wouldn’t have put his puppets into the Supreme Court, maybe then Congress would have a chance.
Posted by: cms | August 28, 2007, 10:12 am 10:12 am
Foley is an employee of ours-they all are including the President.
Any employee using a computer in their work place does not have protection. It belongs to the company. They can look at your hard drive. Period. We pay Foleys salary. They continue to give themselves raises at our expense. They want us to get excited about $7.00. Every year they get a raise, they are employees – we gave them these jobs.
Posted by: J | August 29, 2007, 1:21 am 1:21 am
Why in the world would anyone think that the Dems are protecting Foley?
I bet the white house has issued instruction to hold his computer and if released it certainly would be cleaned up.
My thoughts on any person founded messing with kids: Cut off their thougth making parts. Understand?
Posted by: WRS | August 29, 2007, 3:43 pm 3:43 pm
The dems are not trying to protect Foley – they are trying to protect all the mischief they are involved in – some of which may have references to on that computer. I think they are disappointed in Foley – for being so careless and getting caught!
Posted by: dmdunyan | August 30, 2007, 5:16 am 5:16 am
Sounds like a moot point. I don’t beleive FL will have any jurisdiction in this case…the actions took place in the Country of Washington D.C. (according to precedent, the US Government is a foreign entity when relating to States.) In any case, if I broke Ohio law while in Illinois, I don’t believe Ohio would have any jurisdiction. Sorry Floridians – they are wasting more of your tax dollars.
Posted by: dmdunyan | August 30, 2007, 5:41 am 5:41 am
I thougth the feds have a right a way to take it any whay they want and ente no matter what and sieze it so what is the hold up ??? makes no sense give them time to hide all evidenace
Posted by: Gloria | August 31, 2007, 1:40 am 1:40 am