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Other pages have disputed this recollection and Loraditch himself later clarified by stating that he had ''not'' been warned. Rather, he had been told informally by a supervisor that "Foley was a bit odd or flaky." That advice did not indicate "in tone or otherwise" that Foley was dangerous or needed to be avoided.<ref name="pagedisputes>{{cite news|publisher=Palm Beach Post|url=http://www.palmbeachpost.com/state/content/state/epaper/2006/10/02/1002page.html|first=Christine|last=Grimaldi|title=Page disputes warning about Rep. Foley|date=2006-10-02|accessdate=2006-10-02}}</ref>
Other pages have disputed this recollection and Loraditch himself later clarified by stating that he had ''not'' been warned. Rather, he had been told informally by a supervisor that "Foley was a bit odd or flaky." That advice did not indicate "in tone or otherwise" that Foley was dangerous or needed to be avoided.<ref name="pagedisputes>{{cite news|publisher=Palm Beach Post|url=http://www.palmbeachpost.com/state/content/state/epaper/2006/10/02/1002page.html|first=Christine|last=Grimaldi|title=Page disputes warning about Rep. Foley|date=2006-10-02|accessdate=2006-10-02}}</ref>


On [[4 October]] [[2006]], senior congressional aide Kirk Fordham told the Associated Press that in [[2003]], months before Fordham left Foley's office in [[January]] [[2004]], he had told Hastert's office about the conduct by Mark Foley with male teenage pages.<ref name="2004aide">{{cite news | url=http://abcnews.go.com/Politics/wireStory?id=2527827| title=AP: Aide Says He Reported Foley 2 Years Ago | page=ABC News| publisher=[[ABC News]]| date=[[October 4]], [[2006]] | accessdate = 2006-10-04}}</ref> Fordham also announced his resignation as assistant to Congressman Reynolds. Scott Palmer, Hastert's chief of staff, has categorically denied the meeting between him and Fordham ever took place: "What Kirk Fordham says happened did not happen." However, on October 6th a second congressional staffer corroborated Fordham's version of the events, claiming that in 2003 a meeting took place between Palmer and Foley, specifically to discuss complaints about his behavior towards pages.<ref>Jonathan Weisman, "Staffer backs up alleged 2003 Foley face-off" in ''The Washington Post[http://seattletimes.nwsource.com/html/politics/2003293173_foley07.html]</ref>
On [[4 October]] [[2006]], senior congressional aide Kirk Fordham told the Associated Press that in [[2003]], months before Fordham left Foley's office in [[January]] [[2004]], he had told Hastert's office about the conduct by Mark Foley with male teenage pages.<ref name="2004aide">{{cite news | url=http://abcnews.go.com/Politics/wireStory?id=2527827| title=AP: Aide Says He Reported Foley 2 Years Ago | page=ABC News| publisher=[[ABC News]]| date=[[October 4]], [[2006]] | accessdate = 2006-10-04}}</ref> Fordham also announced his resignation as assistant to Congressman Reynolds. [[Scott B. Palmer]], Hastert's chief of staff, has categorically denied the meeting between him and Fordham ever took place: "What Kirk Fordham says happened did not happen." However, on October 6th a second congressional staffer corroborated Fordham's version of the events, claiming that in 2003 a meeting took place between Palmer and Foley, specifically to discuss complaints about his behavior towards pages.<ref>Jonathan Weisman, "Staffer backs up alleged 2003 Foley face-off" in ''The Washington Post[http://seattletimes.nwsource.com/html/politics/2003293173_foley07.html]</ref>


Kurt Wolfe, the journalist who first outed Foley in ''The Advocate'' in 1996, claims that one of the original independent sources he found to corroborate Foley's orientation was an ex-page. An adult by the time of his meeting with Wolfe, he described having been "the recipient of many inappropriate sexual communications from Foley" while a minor. Wolfe contacted Foley's office for comment, and was rebuffed. Nevertheless, he asserts about Foley's staff: "They were notified."<ref>John Caldwell, "We told you so...10 years ago" in ''The Advocate.com'' [http://www.advocate.com/exclusive_detail_ektid37249.asp]</ref>
Kurt Wolfe, the journalist who first outed Foley in ''The Advocate'' in 1996, claims that one of the original independent sources he found to corroborate Foley's orientation was an ex-page. An adult by the time of his meeting with Wolfe, he described having been "the recipient of many inappropriate sexual communications from Foley" while a minor. Wolfe contacted Foley's office for comment, and was rebuffed. Nevertheless, he asserts about Foley's staff: "They were notified."<ref>John Caldwell, "We told you so...10 years ago" in ''The Advocate.com'' [http://www.advocate.com/exclusive_detail_ektid37249.asp]</ref>

Revision as of 17:35, 7 October 2006

Mark Foley

The Mark Foley scandal, which broke in late September 2006, centers on sexually explicit and solicitative e-mails and instant messages allegedly sent by Mark Foley, a Republican Congressman from Florida, to former congressional pages[1][2] and the response of Republican congressional leaders to alleged warnings about Foley's contacts with the pages.[3][4][5][6][7] Foley was chairman of the House Caucus on Missing and Exploited Children, which introduced legislation targeting sexual predators and creating stricter guidelines for tracking them.

The questionable conversations, which allegedly took place between 1997[8] and 2005, are under investigation by the FBI and Florida officials for possible criminal violations. Foley resigned from the United States House of Representatives on September 29, 2006. His lawyer issued a statement saying that "Mark explicitly reaffirms his acceptance of responsibility and remorse. He reiterates unequivocally that he has never had sexual contact with a minor."[9] [10][11] Foley checked into a rehabilitation clinic and announced through his attorney that he is alcoholic, was himself molested as a teenager, and that he is gay.[12][13]

The Republican congressional leadership has been criticized for not investigating Foley's behavior. Kirk Fordham, Foley's former chief of staff, has stated he complained in 2003 to Speaker of the House Dennis Hastert and other congressional leaders about Foley's "inappropriate behavior"—but not about any specific contacts.[14] It has also contributed to conflict within the Republican Party, as some prominent members blame the leadership, including calls for Hastert's resignation.[15][16][17]

Messages

E-mails

In 2005, Foley sent five emails, some of them sexually suggestive, to a 16-year-old former page sponsored by Rep. Rodney Alexander (R-LA). Among other things, Foley asked for a photo of the page, asked what he wanted for a birthday present, and expressed admiration for the physique of another young male friend. The page forwarded the emails to a colleague in Alexander's office, saying "this really freaked me out," and repeating the word "sick" 13 times to describe the photo request. He added, "if you can, please tell Rodney [Alexander] about this." [18][19]

Two Florida newspapers, the St. Petersburg Times and the Miami Herald, acquired copies of these emails from undisclosed sources in 2005, but decided not to publish a story.[20] The St Petersburg Times editors decided it was probably just a "friendly chit-chat." Nonetheless, they assigned two reporters to investigate in November 2005. The recipient of the email refused to cooperate with the story, and no other pages they interviewed had complaints about correspondence with Foley. The Times revisited their investigation "more than once," ultimately choosing not to break the story.[21] Fox News also received the emails, but did not pursue them.[22]

In July 2006, a paid Republican Congressional staffer sent copies of the email content to several Washington media organizations through an intermediary.[23] On July 21, the Citizens for Responsibility and Ethics in Washington (CREW) received copies of the emails.[19] On that day, CREW turned over the emails to the FBI; however, the FBI found insufficient grounds to open a criminal investigation.[12] After the scandal broke, CREW asked the Justice Department's Inspector General to investigate that decision.[19]

On September 24, 2006, a blog named Stop Sex Predators[24] publicly released the emails. Radar has since speculated that the blog was set up specifially to publicize the emails.[11][25] The political humor blog Wonkette drew readers' attention to the posted emails on September 27.[26] The next day, September 28, Brian Ross of ABC News reported on the same set of e-mails, which he had received in August from a Republican source.[27][20]

ABC News reported on October 5 that in 2002, Foley e-mailed one page with an invitation to stay at the congressman's home in exchange for oral sex. The page, who was 17 years old at the time, declined the offer. The same report stated that he emailed another with a request for a photograph of his erect penis.[28]

Instant messages

After the initial story on the emails, other pages contacted ABC, providing transcripts of sexually explicit instant messaging (IM) conversations that Foley allegedly had with pages. Most occurred between 1997 and 2003, years before the emails first made public. Some pages said they had not shared the events earlier because Foley was a powerful Congressman.[29] On September 29, in a second story, ABC News reported that it had seen excerpts of these instant messages which made repeated references to sexual organs and acts.[30]

On October 3, ABC News reported that it had come into possession of as many as "52 separate instant message exchanges, which former pages say were sent by Foley, using the screen name Maf54, to two different boys under the age of 18."[2] Another former page, Tyson Vivyan, has said that he received "sexually suggestive" messages from Foley in 1997, a month after he left the page program.[8]

Message excerpts

Foley's e-mails to the former Congressional page in Louisiana said in part:

"I am in North Carolina...and it was 100 in New Orleans...wow that's really hot...well do you miss DC...it's raining here but 68 degrees so who can argue...did you have fun at your conference...what do you want for your birthday coming up....what stuff do you like to do,"[31]

and

"I just emailed will...hes such a nice guy...acts much older than his age...and hes in really great shape..."[31]

and

"how are you weathering the hurricane....are you safe…send me an email pic of you as well...."[31]

The instant messages from 2003 that ABC obtained after its initial story were much more explicit than the emails from 2005 sent to the Louisiana page. According to several former congressional pages, the congressman used the screen name Maf54 on these messages. None of these conversations were with the Louisiana page, and occurred much earlier, reportedly with a former page now employed in Oklahoma.[1] One exchange included:[32] 

Maf54: do you really do it face down
Teen: ya 
Maf54: kneeling 
Teen: well i dont use my hand...i use the bed itself 
Maf54: where do you unload it 
Teen: towel 
Maf54: really 
Maf54: completely naked? 
Teen: well ya 
Maf54: very nice 
Teen: lol 
Maf54: cute butt bouncing in the air

In another exchange, Foley proposed to meet with a former page:[32] 

Maf54: I want to see you
Teen: Like I said not til feb…then we will go to dinner 
Maf54: and then what happens
Teen:  we eat...we drink...who knows...hang out...late into the night
Maf54: and
Teen:  I dunno 
Maf54: dunno what
Teen:  hmmm I have the feeling that you are fishing here... 
im not sure what I would be comfortable with...well see

An exchange that took place in April 2003 apparently reveals Foley engaging in cybersex with an eighteen-year-old former page as the House voted on an emergency supplemental appropriations bill to fund the Iraq War;[2] the released portion does not contain the purported cybersex exchange: 

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>

In another exchange, Foley appears to invite the same page to his apartment with a friend to consume alcoholic beverages:[2] 

Maf54: we will be adjourned ny then
Teen:   oh good
Maf54: by
Maf54: then we can have a few drinks
Maf54: lol
Teen:   yes yes ;-)
Maf54: your not old enough to drink
Teen:   shhh…
Maf54: ok
Teen:   that's not what my ID says
Teen:   lol
Maf54: ok
Teen:   I probably shouldn't be telling you that huh
Maf54: we may need to drink at my house so we don't get busted

Foley's response

After the initial emails were publicized, Foley's office confirmed that Foley had sent the messages but said it has a practice of asking for photos of individuals who may ask for recommendations and that the page had requested a recommendation.[27] When Foley was initally confronted about the e-mail he accused his election opponent of orchestrating a smear.[27]

Immediately after the subsequent revelation of the explicit messages, Foley resigned from Congress.[33] The congressman issued a statement, saying, "I am deeply sorry and I apologize for letting down my family and the people of Florida I have had the privilege to represent."

On October 2, Foley checked himself into a rehabilitation clinic for alcoholism.[34], and on October 3, Foley’s lawyer stated, "Mark Foley has never, ever had inappropriate sexual contact with a minor in his life. He is absolutely, positively not a pedophile." He also stated that Foley himself was a victim of sexual assault by an unnamed clergyman as a child, and that the inappropriate conversations were the result of a secret alcohol problem, and concluded by saying that Foley is gay.[12][13] Previously, when confronted with speculations that he was gay, Foley labeled them "revolting and unforgivable."[35] Foley's lawyer also said that many of the inappropriate contacts were made while the congressman was intoxicated.[13]

Foley's withholding of his molester's name has provoked demands that he reveal who committed the crime, in order to protect other youths and to clear the names of the clergymen he came in contact with during the years indicated, a time when he attended Cardinal Newman High School in West Palm Beach.[36]

Congress

Knowledge before September 2006

Shortly after the 5 initially publicized emails were sent in 2005, some members of Congress were made aware of them. Rep. Rodney Alexander (R-LA) stated that he learned of the email from Foley to the page from Louisiana in 2005, after a news reporter brought the matter to his attention.[18] Alexander spoke to the boy's parents, who did not wish to pursue the matter beyond stopping the emails. Alexander passed on the information to Rep. Tom Reynolds (R-NY), chairman of the National Republican Congressional Committee, and to Speaker Hastert's staff.[18] They informed Rep. John Shimkus (R-IL), chairman of the House Page Board, and Clerk of the House, Jeff Trandahl. It is not clear whether they actually read the emails, as contradictory statements have been released about that.[37][3][38] Shimkus and Trandahl met privately with Foley, and Shimkus told him to cease contact with the page. The other two congresspeople on the House Page committee (including the only Democrat) were not informed, and no formal investigative or disciplinary action was taken.[39]

When the story became public, Hastert initially said that he had only learned of the emails when the news broke.[40] Reynolds said on September 30 that he had spoken with Hastert about the matter early in 2006, after being approached by Alexander to discuss the matter. According to The Washington Post, "Republican insiders said Reynolds spoke out because he was angry that Hastert appeared willing to let him take the blame for the party leadership's silence." Hastert's office said that Hastert did not "explicitly recall" that conversation but said he did not dispute it.[41]

House Majority Leader John Boehner (R-OH) told The Washington Post that he had learned of the emails in the spring. Boehner initially said that he informed Hastert, and that Hastert assured him "we're taking care of it." After Hastert denied knowledge to the press, Boehner retracted his statement, stating that he could not recall the conversation.[40] Boehner later stated that he was "99 percent" sure he had informed Hastert.[42]

Several current and former congressional employees recalled Foley approaching young male pages at parties, going back many years. According to one page, who served in summer 1995, "Almost the first day I got there I was warned. It was no secret that Foley had a special interest in male pages." He added that Foley on several occasions had asked him out for ice cream.[43] Another page, Matthew Loraditch, stated that when he served in 2001 pages had been warned to "watch out for Congressman Mark Foley." [44] Other pages have disputed this recollection and Loraditch himself later clarified by stating that he had not been warned. Rather, he had been told informally by a supervisor that "Foley was a bit odd or flaky." That advice did not indicate "in tone or otherwise" that Foley was dangerous or needed to be avoided.[45]

On 4 October 2006, senior congressional aide Kirk Fordham told the Associated Press that in 2003, months before Fordham left Foley's office in January 2004, he had told Hastert's office about the conduct by Mark Foley with male teenage pages.[46] Fordham also announced his resignation as assistant to Congressman Reynolds. Scott B. Palmer, Hastert's chief of staff, has categorically denied the meeting between him and Fordham ever took place: "What Kirk Fordham says happened did not happen." However, on October 6th a second congressional staffer corroborated Fordham's version of the events, claiming that in 2003 a meeting took place between Palmer and Foley, specifically to discuss complaints about his behavior towards pages.[47]

Kurt Wolfe, the journalist who first outed Foley in The Advocate in 1996, claims that one of the original independent sources he found to corroborate Foley's orientation was an ex-page. An adult by the time of his meeting with Wolfe, he described having been "the recipient of many inappropriate sexual communications from Foley" while a minor. Wolfe contacted Foley's office for comment, and was rebuffed. Nevertheless, he asserts about Foley's staff: "They were notified."[48]

House Page Board

A board consisting of three House members and three congressional staffers supervises the House page program.

Although Shimkus was aware of the 5 initially reported emails in 2005, he did not inform the rest of the board aside from House clerk Jeff Trahdahl. The other two congresspeople on the board, Dale Kildee (D-MI) and Shelley Moore Capito (R-WV) did not find out about them until the scandal broke in October 2006. Kildee said that he was "very upset" that he had not been informed of the e-mails. He said, "I should have been told. The whole House Page Board should have been told."[49] Capito said that she would have recommended stronger action had she been made aware of the original emails.[50]

Role of Leadership members

Dennis Hastert

Hastert said at first that he had only learned of the emails the week when the news broke.[51] By October 1, it became known that he had been informed of the situation no later than the spring of 2006. His own senior aides, and legal counsel, however, together with several other members of the top Republican leadership, are known to have been aware of the email allegations a full year before the public disclosure.[52][37] Kirk Fordham, who was chief of staff to Mark Foley until January 2004, and chief of staff to Congressman Tom Reynolds (R-NY) from 2005 until he resigned on October 4, 2006, has stated that he told Hastert's chief of staff Scott Palmer about Foley's interest in pages back in 2003, that Palmer met with Foley, and that Hastert knew about the meeting.[53] Palmer replied that this "did not happen." [54] Hastert requested a criminal investigation of the explicit IMs, but not of the earlier, less explicit emails exchanged between Foley and the page sponsored by Alexander.[51]

On October 3, the conservative Washington Times called for Hastert's resignation as Speaker over his handling of the scandal.[17] Prominent conservatives also have called for Hastert's resignation, such as David Bossie, president of Citizens United; Richard Viguerie, conservative columnist for the Washington Monthly, the Washington Post and author of "Conservatives Betrayed" (2006); and Michael Reagan, a son of former President Ronald Reagan and a conservative columnist.[55] Hastert has rebuffed these calls to resign, arguing he did nothing wrong and is committed to investigating the scandal and leading Congress.[56] Boehner also defended Hastert, writing a letter in response to the Times. A conference call on October 2 with 100 Republicans had no calls for a resignation.[57]

On October 5, Hastert accepted responsibility for the scandal but refused to step down. He declared that "I haven't done anything wrong," and re-affirmed that he had only recently learned about any problems involving Foley and the pages: "I learned of this last Friday... I don't know who knew what or when - that's why we've asked for an investigation."[58][59]

Tom Reynolds

Reynolds issued a statement that he had spoken with Hastert about the matter early in 2006. According to The Washington Post, "Republican insiders said Reynolds spoke out because he was angry that Hastert appeared willing to let him take the blame for the party leadership's silence."[41] Hastert did not "explicitly recall" that conversation but said he did not dispute it.[37]

Reynolds commented on his role in the events, "I don't think I went wrong at all. ... I don't know what else I could have done."[60]

Reynolds is thought to be vulnerable on this account, especially because (according to conservative columnist Robert Novak) he convinced a reluctant Foley to run for re-election even after finding out about his questionable emails. [61] Reynolds also contributed $5,000 to Foley's re-election fund, apparently after finding out about his behavior.[62]

On October 4, 2006, Reynold's Chief of Staff, Kirk Fordham, resigned after newspapers reported that he had asked ABC News not to report the text of the sexually explicit instant messages that Foley allegedly sent. ABC reported that Fordham had offered to give them an exclusive on the resignation if they withheld the text of the IMs. Fordham had previously served as Foley's Chief of Staff. [63] Fordham told Associated Press that he had warned Hastert's staff about Foley in 2003.[64] Hastert's spokesman replied, "What Kirk Fordham said never happened."[65][66]

John Shimkus

Shimkus said "that in late 2005 he learned — through information passed along by Alexander's office — about an e-mail exchange in which Foley asked about the youngster's well-being after Hurricane Katrina, and requested a photograph."[27] Shimkus advised Foley not to contact the boy again, and Foley assured him he would not. Shimkus did not share the information with Reps. Kildee or Capito, the other members of the Page Board.

John Boehner

Boehner told The Washington Post that he learned of the inappropriate contact in the spring. Boehner initially said that he informed Dennis Hastert, and that Hastert assured him "we're taking care of it." After Hastert denied knowledge to the press, Boehner retracted, saying that he could not recall the conversation.[40] On October 3, Boehner once again recanted, this time telling a radio interviewer "I believe I talked to the Speaker and he told me it had been taken care of."[67]

Investigations

House Ethics Committee

Late on September 29, Rep. Pelosi (D-CA) offered a resolution to direct the House Ethics Committee to create a subcommittee to investigate Foley and the Republican leadership. Rep. Boehner (R-OH) moved to immediately refer Pelosi's resolution to the Ethics Committee without further debate and the House unanimously agreed.[68][69]

On October 5, 2006, the House Ethics Committee met and established a subcommittee to investigate the page sex scandal.[70] The House subcommittee members are Reps. Doc Hastings(R-WA), Howard Berman (D-CA), Judy Biggert (R-IL), and Stephanie Tubbs Jones (D-OH). The subcommittee has already sent subpoenas and has appointed Louis Freeh as a special advisor. The committee opened an expansive investigation into the unfolding scandal on 5 October 2006 by approving nearly four dozen subpoenas for witnesses and documents.[71]

The Ethics Committee has no power over Foley, who is no longer a member of Congress. As a result, its chairman has said it will focus on the "conduct of House members, officers and staff related to information concerning improper conduct involving members and current and former pages."[72]

Justice Department

On October 1 2006 in a letter to U.S. Attorney General Alberto Gonzales, Hastert requested an investigation into Foley's actions, specifically into the explicit IMs that had recently surfaced. Hastert's letter also requested investigation of persons who knew or had possession of these messages but did not report them to the appropriate authorities. That day, the FBI stated that it was assessing whether any federal laws had been violated.[73]

The Justice Department is reported to have sent a letter on October 4 to the counsel for the House of Representatives, ordering the body to "preserve all records" that might relate to the scandal. An order such as this is usually soon followed with search warrants and subpoenas.[74]

According to the Washington Post, FBI sources have told the media they first received copies of the emails from CREW. The agents also claim CREW has refused to provide investigators with original copies of the emails.[75] These same sources also claimed the copies provided were "heavily redacted."[76] However, CREW has vehemently denied these claims, and provided original copies of the e-mails which were not redacted.[19]

Former FBI agent and ABC consultant Brad Garrett commented that Foley's actions "add up to soliciting underage children for sex, and what it amounts to is serious both state and federal violations that could potentially get you a number of years."[29] Federal authorities say such messages could result in Foley's prosecution, under some of the same laws he helped to enact.[29][7]

Responses to the scandal

Democrats

On September 29, 2006 House Minority Leader Nancy Pelosi (D-CA) criticized Republican leaders, who, she said, "have known of the egregious behavior of Congressman Mark Foley, yet were prepared to adjourn [Congress] tonight without an Ethics Committee investigation." DCCC Chairman Rahm Emanuel noted that Alexander had first gone to Reynolds, who was in charge of political operations, and said "That's to protect a member [of Congress], not to protect a child."[41]

Senate Minority Leader Harry Reid (D-NV) issued a statement saying that "The Attorney General should open a full-scale investigation immediately," adding that the investigation should find out whether GOP leaders "knew there was a problem and ignored it to preserve a congressional seat this election year." [16]

Republicans

When the extent of Foley's communications were discovered, members of Foley's party strongly condemned his actions. They voted unanimously with House Democrats to refer the matter to the House Ethics Committee for investigation. Hastert also demanded a criminal investigation by writing the Attorney General asking for a full investigation both into Foley's actions and into the possibility that earlier clues were not properly acted upon by Congressional officials, representatives, the media, and the FBI.[77]

The failure to discover the full extent of Foley's action earlier has led to widespread criticism, particularly leveled against other Republicans.[78][21] Republicans have also focused on containing the fallout from the case, over fears that the accusations could spread, and hurt the entire party in upcoming elections.[12] Rep. Christopher Shays (R-CT) said any leader who had been aware and failed to take action should step down, and Rep. Peter King (R-NY) called the revelations a "dark day" for Congress and called for an investigation.[39]

On October 3, Hastert told Rush Limbaugh he had no intention of resigning. He blamed Democrats for the public revelations, saying, "Democrats have ... put this thing forward to try to block us" and "there are some people that try to tear [Republicans] down. We are the insulation to protect this country, and if they get to me it looks like they could affect our election as well."[79] The same day, Newt Gingrich said that Democratic sex scandals were much worse than the Foley scandal.[80] Later, on October 5, Hastert accepted some element of blame, while continuing to blame Democrats and reiterating that he would not step down. [14]

U.S. Representative and U.S. Senate candidate Katherine Harris (R-FL) said, "The media would be quite disingenuous, trying to make it a partisan issue. If anything, the Republicans didn't know about these issues, and we're going to be very anxious to see who in the media or on the other side of the aisle knew about it and kept this from the public interest, because our children were at stake."[81]

Gay community

Some members of the gay community are voicing concerns over media coverage of the Mark Foley scandal, fearing that the public will unfairly associate homosexuality with pederasty.[82]

A number of conservative pundits and activists, including Newt Gingrich in a broadcast interview, have suggested that it was a fear of seeming to engage in gay-bashing that kept Republican leaders from more vigorously pursuing early hints of Foley's behavior. In response, Joe Solmonese, president of the Human Rights Campaign, accused these conservatives of continuing to "try and dodge responsibility for their cover up, instead opting to do what they do best by blaming gays." The National Youth Advocacy Coalition offered another viewpoint, reminding all that this should not be about fighting between the political factions, but rather protecting children from sexual predators.[15]

Sean Kennedy, in The Advocate, while condemning Foley's "totally irresponsible behavior," expresses surprise at the silence surrounding the "mutual sexual desire," displayed by some of the pages in their messages to Foley. He suggests that the teenagers' pleasure may be "the most scandalous aspect of the scandal" in light of the "rampant cultural denial about teenagers’ libidos," and affirms that such seductions, in which an older gay man successfully seduces a sixteen or seventeen year old, "happen all the time in a gay male culture that sanctifies youth."[83]

The White House

On October 2, White House Press Secretary Tony Snow, appearing on CNN called Foley's actions "horrible, horrible" and called for a swift investigation.[84]

On October 3, President Bush denounced Foley's conduct and expressed continuing confidence in Hastert as Speaker.[79]

On October 5, White House deputy press secretary Dana Perino told CNN that Bush had called Hastert personally and “expressed his support.”[16] That call was the first contact between Bush and Hastert since the start of the scandal.[85]

Conservative groups

On October 3, Tony Perkins, spokesman for the Family Research Council, a conservative political action group, stated "We are all shocked by this spectacle of aberrant sexual behavior, but we shouldn't be. This is the end result of a society that rejects sexual restraints in the name of diversity. When a 16-year-old boy is not safe from sexual solicitation from an elected representative of the people, we should question the moral direction of our nation. If our children aren't safe in the halls of Congress, where are they safe? Maybe it's time to question: when is tolerance just an excuse for permissiveness?" [17] Perkins supported Hastert remaining as speaker.

Roberta Combs, head of the Christian Coalition stated "It's very unfortunate that this has happened, especially at such a close time to an election. It'll prompt more scrutiny of our elected officials."[18]

On October 3, Focus on the Family Action, the lobbying arm of conservative group Focus on the Family, issued a press release through senior vice president Tom Minnery. He expressed "outrage" at Foley's alleged actions, but indicated that "[American] culture's anything-goes view of sexuality" was more broadly to blame. He continued, "it's sad that so much of the dialogue today is so political in nature. Those truly interested in protecting children from online predators should spend less time calling for Speaker Hastert to step down, and more time demanding that the Justice Department enforce existing laws that would limit the proliferation of the kind of filth that leads grown men to think it's perfectly OK to send lurid e-mails to 16-year-old boys."[86]

Recipients of Foley's fundraising

Many Republican candidates have announced that they are either returning contributions from Foley's campaign or contributing any Foley money received in the last several years to charity. The NRCC, however, has opted to keep a $100,000 contribution made to it by Foley in July 2006, after the first, "overly friendly" emails had become known to House Republican leaders.[87] Carl Forti, an NRCC spokesman, has said the campaign organization would gladly accept the $2.7 million campaign war chest that Foley controlled upon his resignation, should Foley choose to turn it over. [88]

Family of former page from Louisiana

On October 5, 2006, the parents of the former page from Louisiana, who initially complained about the emails to Rep. Rodney Alexander (R-LA), issued a public statement. They described their son's actions as courageous, and described him as a hero for reporting the emails. They supported representative Alexander, calling his conduct "beyond reproach". They complained about media harassment, and asked to be left alone, requesting respect for their privacy.[89]

Political impact

Post-scandal polls and commentary

A TIME poll reports that two-thirds of those aware of the scandal believe that the Republican leadership in Congress attempted a cover-up.[90] According to FOX News, an internal Republican poll conducted in the wake of the scandal shows potentially disastrous election results for Congressional Republicans if Hastert remains as Speaker of the House.[91] The unnamed Republican source is quoted as saying "The data suggests Americans have bailed on the speaker, and the difference could be between a 20-seat loss and 50-seat loss." For Democrats to regain control of the House, they need to post a net gain of 15 seats in the 2006 midterm elections.

The National Review, a conservative magazine, called the scandal helpful for Democrats campaigning to regain control of one or both houses of Congress, and said it could have a greater impact than the Jack Abramoff scandals since "a GOP pederasty scandal" is thought to resonate more strongly with the public than one involving the purchase of favors.[92]

However, a Pew Research Center poll released on October 5th did not indicate any significant change in registered voters' party support. Before the scandal broke Democrats had 51 percent support, while Republicans had 38 percent support. After Foley's resignation, the Democratic advantage was unchanged.[93]

A October 5, 2006 public opinion poll found that 27% of American thought Hastert should remain Speaker, with 43% thinking he should resign from Congress entirely.[94]

Columnists and analysts

On October 3, the conservative Washington Times called for Hastert's resignation as Speaker over his handling of the scandal.[17] Other prominent conservatives have called for Hastert's resignation, such as David Bossie, president of Citizens United; Richard Viguerie, conservative columnist for the Washington Monthly, the Washington Post and author of "Conservatives Betrayed" (2006); and Michael Reagan, a son of former President Ronald Reagan and a conservative columnist.[95]

Effect in Foley's district

In Florida, on October 2 2006, State Representative Joe Negron was picked to fill Foley's spot in the November elections. The Democratic nominee for the seat is Tim Mahoney. Florida law prohibits Foley's name from being removed from the ballot at this late stage, but Republicans hope that voters will recognize that a vote for Foley will transfer to Negron as a substitute candidate. [96] Nevertheless, Boehner noted that because of the procedures in Florida, "to vote for this candidate, you have to vote for Mark Foley. How many people are going to hold their nose to do that?" [97] Foley's Republican-held seat was regarded as unlikely to change hands before the scandal broke, but CQPolitics changed its rating of the race from Safe Republican – where it had stood since July – to Leans Democratic in early October.[98]

Independent market predictions

Independent public markets used to predict the outcome of the election suggest a consensus view that the scandal reduced the chances of the Republicans holding the House by about 12%. On the Iowa Electronic Markets, an independent public market exchange, the value (i.e., projected chances) of the Republicans losing the House rose from 42% to 54% in the week since the scandal broke. Likewise, on Tradesports the value of the House retaining control of the House fell from 58% to less than 45% in a similar period.

Page program

On October 2, 2006, Representative Ray LaHood (R-IL) called for the page program to be temporarily suspended. He stated that "this is a flawed program. The fact that a member of Congress is sending e-mails to a page and that he can get away with it (shows that) obviously there are problems." Two more Represenatives, Jon Porter (R-NV) and Kay Granger (R-TX) also supported LaHood's recommendation to suspend the page program until an outside team could evaluate its security protocol. Speaker Hastert announced on October 5, 2006 that he is launching an investigation to evaluate and make improvements to the page program. [99]

Press accounts of the scandal have been unclear about precise ages and legal issues concerning the congressional pages. No charges have yet been filed but a criminal investigation is ongoing, leading to speculation in the media about possible crimes committed.

In the United States, 18 years of age is the age of majority; anyone below that age is considered a minor. However, the age of consent for sexual relations can differ from the age of majority, being dictated by statutory rape laws, and varies by state (it is 16 in the District of Columbia). [19] The email that first came to light was sent to a 16-year-old former page in Louisiana, where the age of consent is 17. However, the age of consent is only relevant in cases where there has been physical, sexual contact. Foley has not been accused of any such contact with this youth, and has specifically denied sexual contact with any minor through his lawyer.[100] [101]

Legislation that Mark Foley helped enact, like the Adam Walsh Child Protection and Safety Act, covers certain Internet communications with children under 18. Federal law makes it a crime to solicit sex with a child below the age of consent. However, it is not a crime to engage in explicit, sexual communications with a minor.[20]

The minimum age for House pages is 16. [102] Some of the publicized instant messages were made with pages or former pages over the age of 18;[2] others were with minors.[103] One former page told ABC News that Foley arranged a sexual liaison with him, but only after he turned 18.[28]

Alcohol use

In one instant message conversation, Foley appears to invite a minor to his house to consume alcohol.[2] It is unknown if this ever happened, but it is a crime to provide alcohol to a minor. In the District of Columbia, the law states that "anyone who purchases or furnishes alcohol to a minor faces a fine of up to $1,000 and/or imprisonment for up to 180 days." [21]. In addition, an individual under the age of 21 is prohibited in the District of Columbia from consuming alcoholic beverages. [22]

References

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  3. ^ a b "Shimkus approached Foley about early e-mails". St. Louis Post Dispatch. 2006-09-30. Retrieved 2006-10-03.
  4. ^ "Suggestive emails, Congressman in rehab". 14WFIE. October 5, 2006. Retrieved 2006-10-05.
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  101. ^ [10][11][12]
  102. ^ http://www.newsok.com/article/2951710

See also

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