Raw Story:
Florida investigators are still trying to determine whether disgraced GOP Rep. Mark Foley violated state law with his lewd, sexually explicit e-mails and instant messages to underage Congressional pages.
The Florida Department of Law Enforcement has been stymied in its pursuit because officers have been unable to examine Foley's computer, from which ABC News revealed he communicated with teenage male pages, once chatting about sex with a teen boy while the House was in the middle of a vote.
"If we are not granted access to said equipment, I respectfully request a written response specifying the reason for the denial and direction to the court process or other procedure required to gain the requested access," FDLE Commissioner Gerald Bailey wrote to House Speaker Nancy Pelosi in a Dec. 11 letter, according to the Palm Beach Post.
House lawyers previously refused to allow investigators access to the computers, arguing doing so would violate the Speech or Debate Clause of the Constitution. Only Foley can waive the privilege that allows lawmakers to keep their legislative papers private.
Last July, House Deputy General Counsel Kerry Kircher wrote to Bailey and said House administrators reviewed Foley e-mails and found no inappropriate images or messages. The e-mails being examined, however, do not include all of Foley's communications through his House account. Some may have been deleted from the main congressional computer server, which was searched, but would likely still be accessible from an examination of the actual computers, which were not searched. Foley has refused access, citing congressional privilege.
Unless Pelosi agrees to hand over the computers, it is unlikely Foley will face charges. Because the explicit e-mails were not reported until late 2006, investigators did not begin building a case against Foley until that November, by which time the statute of limitations on charges stemming from messages sent to a 17-year-old in 2003 had nearly expired.
2 comments:
Nancy is always a day late and a dollar short when it comes to expecting justice.
Shame on her for letting this go on so long-his computer should already be introduced into evidence! Blah!
Well if the Fingers Foley computer is released more then Foley will fall. Nancy is right to be careful to follow all the laws to protect the case. People who act quickly and don't do their homework can see a case like Foley being tossed out by the court because something was done wrong.
Prissy it's called the Fruit of the Poisonous Tree doctrine. Wise people are careful not to act to quickly in criminal matters.
Other then the information of Foley and the kids he contacted and emailed, will be information about other GOP Law Makers not yet known to the public for their acts.
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