Mark Foley scandal

The Mark Foley scandal concerns e-mails and instant messages (IMs) allegedly sent by Republican congressman Mark Foley to former congressional pages, and the handling of information about the allegations against Foley by the congressional leadership of the Republican Party. The questionable conversations took place between 2003 and 2005.

Brian Ross of ABC,along with at least 1,700 mainstream media articles [10], described the IMs discovered later as "sexually explicit."[11]</ref> Foley's computer-based conversations with these minors are under investigation by the Federal Bureau of Investigation (FBI) and the Florida Department of Law Enforcement for possible criminal violations. The questionable conversations took place between 2003 and 2005.

The scandal has led to calls for the resignation of Dennis Hastert, the Speaker of the House, and has become an issue in a number of house and senate races around the country. It has also contributed to conflict within the Republican party, as members blame the leadership for the present situation.[12]

Mark Foley

Events

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. Another page, Matthew Loraditch, stated that when he served in 2001 pages had been warned to "watch out for Congressman Mark Foley." 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.

In 2005, Foley sent five emails, some of them 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, 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."

A number of news organizations, including the St. Petersburg Times, acquired copies of these emails from undisclosed sources. The 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 newspaper revisited their investigation "more than once," ultimately choosing not to break the story. The Miami Herald also obtained an early copy of the emails but decided the messages were too ambiguous for a story.

Alexander learned of the email in 2005, apparently after a news reporter brought the matter to his attention. Alexander spoke to the boy's parents, who did not wish to pursue the matter beyond stopping the emails. At that time, Alexander informed Rep. Tom Reynolds (R-N.Y.), chairman of the National Republican Congressional Committee. Alexander's staff also contacted the staff of Speaker Dennis Hastert, who referred the matter to the House Page Committee chairperson, Rep. John Shimkus (R-IL), and to the Clerk of the House. They asked Foley to cease contact with the boy and "closely watched" his subsequent contact with pages.[13]

On July 21 2006, two months before the scandal broke, the Citizens for Responsibility and Ethics in Washington (CREW) received copies of the emails. On that day, CREW turned over the emails to the FBI; however, the FBI found insufficient grounds to open a criminal investigation.[14] After the scandal broke, CREW asked the Justice Department's Inspector General to investigate that decision.

On September 24, 2006, a blog named Stop Sex Predators publicly released the emails. The widely-read political blog Wonkette drew readers' attention to the posted emails on September 27. The next day, ABC News reported on the same set of e-mails.

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. When Foley was initally confronted about the e-mail he accused his election opponent of orchestrating a smear.

After the initial revelations of suggestive emails, several pages came forward with a series of sexually explicit instant messaging conversations that Foley allegedly had with other teenage male Congressional pages. Some said they had not shared the events earlier because Foley was a powerful Congressman. On September 29 2006, in a second story, ABC News reported that it had seen excerpts of these instant messages. The instant messages made repeated references to sexual organs and acts.

Foley submitted a letter of resignation from Congress on September 29, 2006. 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."

The failure to investigate Foley's actions in a prompt manner led to widespread criticism, particularly leveled against other Republicans. On October 2, Foley checked himself into a rehabilitation clinic for alcoholism. The next day, his lawyer announced that Foley had a secret alcohol problem and that many of the inappropriate contacts were made while the congressman was intoxicated.

On October 3, Foley, through his lawyer, claimed that a clergyman molested him as a child.

Foley resigned from Congress on September 29 2006, immediately after ABC News acquired copies of the explicit messages. He was chairman of the House Caucus on Missing and Exploited Children, which introduced legislation targeting sexual predators and creating stricter guidelines for tracking them. Foley was also the deputy Republican whip.

Foley checked himself into a rehab clinic and on October 3 2006, 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 a 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.

Foley's computer-based conversations with these minors are under investigation by the Federal Bureau of Investigation (FBI) and the Florida Department of Law Enforcement for possible criminal violations.

Foley's computer-based conversations with these minors are under investigation by the Federal Bureau of Investigation (FBI) and the Florida Department of Law Enforcement for possible criminal violations.

Foley resigned from Congress on September 29 2006, immediately after ABC News acquired copies of the explicit messages. He was chairman of the House Caucus on Missing and Exploited Children, which introduced legislation targeting sexual predators and creating stricter guidelines for tracking them. Foley was also the deputy Republican whip.

Foley checked himself into a rehab clinic and on October 3 2006, 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 a 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.

Content of the messages

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

"I am in North Carolina...and it was 100 in New Orleans...well do 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,"

and

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

In 2005, the former page forwarded the messages to a House staffer with the comments: "Maybe it is just me being paranoid, but seriously. This freaked me out," and "sick sick sick sick sick." The emails also reached various media outlets at that time, but none covered the story until September 2006, when ABC News published the story about emails making a page "uncomfortable."

The ABC News report prompted pages who had previously been silent to come forward with other contacts made by Foley through instant messages. The media, House Republicans, and the FBI have stated that they had no knowledge of the IM conversations before the pages came forward in September 2006. According to ABC News, Foley wrote to one page: "Do I make you a little horny?" In another message, "You in your boxers, too? ... Well, strip down and get relaxed." When told that the page played soccer in boxers and shorts, Foley wrote, "shows your package then." The messages included references to sexual organs and discussion of masturbation techniques. Foley also stated his desire to undress the page and have sexual relations with him.

According to several former congressional pages, the congressman used the screen name Maf54 on these messages. One exchange included:

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:

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 a former page as the House voted on an emergency supplemental appropriations bill to fund the Iraq War:

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:

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

As of 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."

Knowledge of the emails

One set of emails from a former page were known to various reporters in August 2005 and were eventually forwarded to other media outlets, congressional officials, House Republicans, and even the FBI with a request for a formal investigation. None of these groups uncovered the full extent of Foley's actions before late September 2006, prompting the controversy to extend to alleged failures to act.

Congressional knowledge prior to September 2006

In August 2005, one page forwarded Foley's emails to an unknown House staffer, who apparently did not pass them to other officials. Later, a reporter who had obtained the same emails sought comment from the office of the page's Washington sponsor, Rep. Rodney Alexander (R-LA), who in turn launched an informal investigation. Alexander said he contacted the boy's family, but that they did not want the matter pursued or publicized.

Nonetheless, Alexander passed on the information to Rep. Thomas Reynolds (R-NY) chairman of the House Republican campaign organization and to Speaker Hastert's staff. They directed the matter counsel to House Page Committee chairman Rep. John Shimkus (R-IL) and to the Clerk of the House, Jeff Trandahl. It is not clear whether they actually read the emails. In an official statement by Hastert and an interview with Shimkus's chief of staff, it was said that neither Shimkus nor the Clerk examined the emails. In another interview, Shimkus mentioned reading the emails. Shimkus and the Clerk met privately with Foley, and Shimkus told him to cease contact with the page. The other two members of the clerk committee were not informed, and no formal investigative or disciplinary action was taken.

When the story became public, Hastert initially said that he had only learned of the emails when the news broke. 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 that had been raised the prior year. 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.

Majority Leader John Boehner 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.

Media knowledge in 2005

In August 2005, Rep. Foley's emails to one page reached various media sources. During the course of their investigation, media sources — particularly the St. Petersburg Times — spoke with other pages and examined the emails, but determined them to be "friendly chit-chat". No other pages claimed anything inappropriate, and the emails contained no sexual or explicit conduct. The St. Petersburg Times said they reexamined the materials "more than once", but never found any reason to run the story.

FBI knowledge in summer 2006

Citizens for Ethics and Responsibility in Washington (CREW), a non-profit interest group, obtained the emails sometime in early 2006 and forwarded them to the FBI, asking for an investigation. The FBI concluded the emails were not worth investigating, and CREW called for an outside counsel to investigate this.[15][16][17] The FBI has admitted that they "failed" in not opening an investigation when they received the original emails.[18]

Responses to scandal

Republican response

No formal action was taken regarding Foley by the Republican leadership prior to the public news reports in September 2006. According to the New York Times, "Top House Republicans knew for months about e-mail traffic between Representative Mark Foley and a former teenage page, but kept the matter secret and allowed Mr. Foley to remain head of a Congressional caucus on children’s issues." According to the president of the Page Alumni Association, in 2001 a Republican staff member warned pages to be cautious of Foley.

After the matter became public, members of Foley's party condemned his actions. After blocking a motion to investigate the Republican leadership response and the time they found out about Foley's contacts with youths, they proposed and voted unanimously (supported unanimously by Democrats) to refer the issue for an Ethics Committee investigation. They have also called for a criminal investigation to be launched and the Department of Justice investigation was launched after Hastert wrote 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.

The National Republican Congressional Committee is now focusing on finding another candidate for the upcoming Florida House race, since Foley voluntarily agreed not to run. Carl Forti, NRCC spokesman, said on October 2, 2006, that the Republican committee would "gladly accept" Foley's $2.7 million campaign fund, should he donate it to them.

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. [19]

Democratic response

On September 29 2006 House Minority Leader Nancy Pelosi 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."

Senate Minority Leader Harry Reid 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."

Democrats have also seized on the scandal as an opportunity to help them in the upcoming midterm elections. They have called on Republicans to return any campaign funds that Foley helped raise. The campaign of Jack Davis, the Democratic challenger for Reynolds's seat, has siezed upon the episode to attack him. This has led Forti to accuse the Democrats of "trying to take advantage of a very tragic and wrong situation."

House Page Board

On October 1, 2006, U.S. Rep. Dale Kildee, (D-MI) , the sole Democrat on the board overseeing House pages, said that Shimkus never informed him of his interview with Foley. Kildee said that he was "very upset" that he was kept in the dark about concerns initially raised last year over e-mails sent to a former teenage page by a Republican congressman. "I should have been told. The whole House Page Board should have been told," the Flint, Michigan Democrat told The Detroit News. "(The Congress) should do an investigation right away," Kildee said. "What matters is the safety of the kids. We shouldn't politicize this." Another committee member, Shelley Moore Capito (R-WV) said that Shimkus had never informed her, either, and that if he had she would have recommended stronger action. Shimkus said on October 2 that "I think, based on the information I had, what I did was fine. If I regret something, maybe I should have had Dale [Kildee] with me because now it’s going to be a political football." The committee consists of Shimkus, Capito and Kildee.

Ethics Committee investigation

Late on September 29, 2006, Democratic leader Pelosi offered a resolution to direct the House Ethics Committee to create a subcommittee to investigate Foley and the House handling of the situation. Republican John Boehner moved that Pelosi's resolution be referred immediately to the House Committee on Ethics without further debate. Pelosi and the House unanimously agreed.

Criminal investigation

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 IM's 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 veen violated.

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." Federal authorities say such messages could result in Foley's prosecution, under some of the same laws he helped to enact.

Congressional leadership members mentioned in the events

John Shimkus

Page Committee chairman John 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." Shimkus advised Foley not to contact the boy again, and Foley assured him he would not. Shimkus did not share the information with Representative Dale Kildee, the only Democrat on the three-person Page Committee.

Dennis Hastert

Speaker Dennis Hastert said at first that he had only learned of the emails the week when the news broke. By October 1, it became known that he had been informed of the situation no later than spring 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. Hastert has requested a criminial investigation of the explicit emails, but not of the earlier, less explicit emails exchanged between Foley and the page sponsored by Alexander.

Tom Reynolds

Reynolds later 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." Hastert did not "explicitly recall" that conversation but said he did not dispute it.

Reynolds is thought to be vulnerable on this account, especially since he apparently contributed $5,000 to Foley's re-election fund even after finding out about his behavior with minors. That sum, however, is dwarfed by the $100,000 which Foley gave the NRCC at the end of July 2006.

John Boehner

Majority Leader John 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, stating that he could not recall the conversation. On October 3rd, 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."[20]

Political impact

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."

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. Nevertheless, House Majority Leader John A. 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?"

That same day CQPolitics.com wrote, regarding Rep. Reynolds, that the scandal "may well damage his chances of winning a fifth House term on Nov. 7."

For Democrats to regain control of the House, they need to post a net gain of 15 seats in the 2006 midterm elections. 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.

On October 3, the conservative Washington Times called for Hastert's resignation as Speaker over his handling of the scandal. Hastert has rebuffed this call to resign, arguing he did nothing wrong and is committed to investigating the scandal and leading Congress. 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.

See also

• Political sex scandals in the United States
• 1983 Congressional page sex scandal

External links

• Full text of IM exchanges between Foley and page ABC News.
• PDF file of email complaint from 16-year-old page, sent to Rodney Alexander's office, August 30, 2005