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:
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.
“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.
Added Community Notification Requirement (Effective July 1, 1998):
- 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.
Sexual Offender/Predator Designation:
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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.
I wonder how the former pages feel about justice deferred ….