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The Coverup

02 Oct 2006 09:06 am

I haven't gotten a chance to post on Rep. Foley's apparent taste for harrassing teenage congressional pages since the very first inklings of this story began to trickle out. When considering the House leadership's preposterous effort to exonerate themselves in this mess, it's worth considering the sheer speed with which the story has developed. Integral to the leadership's case is Dennis Hastert's effort to draw a distinction between Foley's emails, and Foley's IM messages. And, of course, Hastert's right -- the former were suggestive, but not damning in the way the IMs were.

That said, the emails were genuinely suggestive -- weird, inappropriate communications that suggested something bigger was going on. Various media organizations saw the emails and when they did, they decided to dig deeper, leading to the IMs. And it didn't take very long once people were on the case. The difference, in other words, isn't that the press saw something (the IMs) that the GOP leadership didn't see. The difference is that when ABC News and others saw smoke, they went looking for fire. They investigated. When Hastert and co. saw smoke, by contrast, they decided to turn off the smoke detectors and hope the house didn't burn down until after the midterms. Which is bad enough on its own terms, but when you think about it is also more-or-less how today's Republican Party handles information of all kinds, up to and including things directly related to the conduct of shooting wars.

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Comments (36)

Foley is being admitted to rehab for alcoholism. Sexually pursuing subordinates is wrong. When those subordinates are minors it's criminal. However, these young men were of an age eligible to marry in many, many states. They're of an age millions of their peers are engaging in sex with nary more than a sideways glance by their parents and an admonition to use contraceptives. At least some of the outrage over this isn't because of the ages or positions of the parties involved. It's because the potential sexual liasons would have been homosexual in nature. Now Foley wants to infer his homosexuality and desires to act on it are the result of a chemical dependency? If you're gay it can't be natural or right, it's because you're an alcoholic and suffer from resultant behavior problems? 50 year old men bedding teenage boys probably isn't the best example of idyllic love. I do have to ask though, if a 50 year old man bedded an emancipated 17 year old girl and then married her would the ensuing kerfuffle last but more than a few days? Certainly no criminal charges or investigations would result. And more than a few of the man's friends would think to themselves "Goddamn, I'd give one of my nuts to be in his position for even a few weeks!". Bottom line, Foley seeking to excuse his behavior by entering rehab smears the gay community at least in some small way. He wanted sex with a young man, just like many men his age would kill to have sex with a young woman. Their desires are tolerated and sometimes accepted because they're hetero in nature. He chose the wrong sex to feel strongly about.

When Hastert and co. saw smoke, by contrast, they decided to turn off the smoke detectors and hope the house didn't burn down until after the midterms.

This is a generous reading of their actions. They had known for a while that Foley was a potential problem, so when it turned out that an actual page had an actual problem, they really knew all they needed to know to take action.

Sexually pursuing subordinates is wrong.

It is? Why?

Frankly, I don't see the problem with what Foley did. As far as I'm aware, everyone he pursued was at or over the age of consent (16 in DC), right? If so, I don't really have a problem with it. It is, to me, no different that President Clinton pursuing an intern (except that Clinton actually had sex with the intern). As long as it is at or over the age of consent, what's the problem?

There are too many sexual prigs in this country. Age differences between people in sexual relationships should NOT be a cause for opprobation.

Surely Mel Martinez knew about Mark Foley's problems and he let him know it in 2003-4 when he blew him out of the Florida Senatorial primary. And any sentient Republican knew what happened in Florida that year. They knew then that where there's smoke there's fire.

I'd be interested to see how many Rs will be asked to support the Shays-DeWine position. If the leaders knew they go too.

There are too many sexual prigs in this country.

I'd want to agree, but unfortunately for Foley, he's waved that defense. Waved it. Mockingly saluted it. Snatched it from the flagpole. Made a gaudy Hawaiian shirt from it. Danced drunk in the twilight in it. Then, set it on fire and poured kerosene on it.

I do have to ask though, if a 50 year old man bedded an emancipated 17 year old girl and then married her would the ensuing kerfuffle last but more than a few days?

The important fact that you're leaving out is that Foley's advances were systematic and largely unwelcome. If Ted Kennedy marries a 17-year old girl, more power to him, I'd say. If Ted Kennedy is running around the Senate making lewd advances to all the 17-year old girls, completely unacceptable.

And as for Al's post, thanks for the "Clinton did it too!" laugh.


And, I'd like to add, the entire Republican Party spent 6 years doing a line dance of the macarena in hula skirts along with him. They cannot use it. And it takes 200 pounds of salt and gall to even hint at it.

Frankly, I don't see the problem with what Foley did.

There's a shocker.

Shorter Al: IOKIYAR.

Steve, I prefaced my post with the caution sexually pursuing subordinates is wrong and unwise, if not criminal. There is no excusing Foley's behavior in terms of its workplace implications. I'm saying though it's the homosexual aspects of all this that is really at root of the shitstorm (at least for Republicans). As far as his advances being unwelcome I don't see where that's any different from millions of sexual advances made every day by people everywhere. If every one were welcome nothing would ever get done for all the resultant copulating and the concept of fidelity would be dead.

There is a difference between age and employer authority. I always thought the worse part of the Clinton scandal was that Monica Lewinsky was a subordinate in a career/employee sense. Similarly, that is an area of concern for me here.

Basically though, no one cared about either of those things in either case because heterosexual men throughout the Country think they should be able to use their authority at work to demand sexual gratification.

Jeffrey Davis -- You have "waved" and "waived" mixed up.

Al -- Clinton didn't pursue Lewinsky. It was the other way around. And she wasn't an intern, she was an employee. And she was an adult, out of college and everything, not a high school student.

Steve Duncan -- If a congressman were caught sending IMs to a 16-year-old girl about her panties, then yes, I think it would be an immense scandal.

Maybe my comment wasn't clear. I didn't have a problem with Clinton bedding the intern either.

IOKIYAR or AD.

Perhaps Foley is a hypocrite, I don't know. It's likely. But I'd note the hypocrisy of everyone else who thought Clinton's bedding the intern was fine but is now on the Get-Foley bandwagon.

I'll just say that so long as the persons involved are both at or above the age of consent, any sexual activity between them is none of our business. Anyone who thinks otherwise is a prig.

Al -- Clinton didn't pursue Lewinsky. It was the other way around.

I don't see what difference it makes who pursues who.

And she wasn't an intern, she was an employee.

I thought she was an intern, but I could be wrong. But note that the people Foley e-mailed were not employees either. They were former employees, weren't they?

And she was an adult, out of college and everything, not a high school student.

For purposes of sex, the District of Columbia defines "adult" as 16 years old.

Steve Duncan -- If a congressman were caught sending IMs to a 16-year-old girl about her panties, then yes, I think it would be an immense scandal.

Posted by: Kyle on October 2, 2006 10:59 AM
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Kyle, surely not AS big a ruckus. The gay factor is the issue here, much more so than age or workplace considerations. Republicans HATE gays. A very large portion of their base views homosexuality as an abomination of Biblical proportions. For the house leadership to tolerate and protect homosexual behavior is far more damaging than hiding a skirt-chaser.

Enough truthiness guys, lets think with our heads. The dude was on a committee charged with protecting minors from internet sexual predators. It's not wrong because it's icky (or whatever) it's illegal because Foley passed a law explicitly making it illegal:

"under the "Adam Walsh Child Protection and Safety Act of 2006" (of which Foley was a co-sponsor), along with 18 U.S.C. 2251, discussion or solicitation of sexual acts between Foley and any "minor" under the age of 18 would appear to be a criminal offense (see Adam Walsh Act, Sec. 111(14) ("MINOR.--The term 'minor' means an individual who has not attained the age of 18 years") and 18 U.S.C. Sec. 2256 (1) (“'minor' means any person under the age of eighteen years").

-via TPM

If this were in a work of fiction it would be laughed at.

For purposes of sex, the District of Columbia defines "adult" as 16 years old.

But the Adam Walsh bill prohibiting online solicitation of minors, which Foley co-sponsored, defines it as 18 years old. I agree that this makes the law seem dubious, but given Foley's role in passing this law, he has completely waived the "they were of age!" defense.

I also think there's a big moral difference between pursuing 16-year-old high school students and pursuing 21-year-old college students (or graduates), even if both are legal. (And the latter is still skeevy.)

Al, I agree that it's weird that it would be legal for Foley to actually have sex with a sixteen-year-old, but it's apparently illegal for him to solicit sex with a sixteen-year-old over the internet (if in fact that's what he's done - I haven't read all the IMs, since the ick factor of a middle-aged man sleezing on a teenager is pretty high).

But even if such a law is bizarre, it only exists because Foley himself co-sponsored it. If Foley has broken the law, he's broken a law that he himself helped write. He really has no one to blame but himself here.

As they would saw on Unfogged, I have been Weiner-pwned.

Drat. pwned by John I. And on preview, pwned on my attempt to introduce 'pwned' into the comments here.

The age of consent in the Adam Walsh law is asinine. And if Foley broke a law the he co-sponsored with such an asinine age of consent, then I will laugh and laugh and laugh. Hoist/petard.

So, yeah, they should check the guy's e-mail to see if he actually broke the law (which was only passed recently - after the known e-mails/IM's, I thought).

Oh, and BTW, the FBI should just go in and get all the e-mails on his computer and look at them. None of this "he's a legislator and we can't let the executive branch look somewhere where there might be legislative material (i.e., his "sent mail" folder)" that the Democrats were peddling in the William Jefferson investigation.

So let me clarify again - the e-mails and IMs Foley sent prior to the enactment of the Adam Walsh law, I have no problem with. They are none of my business.

Matt, the email-IM distinction is a red herring. ABC reported that Republican staffers have been warning their pages away from Foley since 2001. They've known for *5 years* that they have a problem.

"None of this "he's a legislator and we can't let the executive branch look somewhere where there might be legislative material (i.e., his "sent mail" folder)" that the Democrats were peddling in the William Jefferson investigation."

Posted by: Al on October 2, 2006 11:26 AM
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Uh al, what planet were you on when the Jefferson issue erupted?
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By LAURIE KELLMAN
Associated Press Writer

WASHINGTON


The FBI's raid on a Democrat's office rippled through Capitol Hill Wednesday, with Republicans demanding that the bureau surrender documents and other items its agents seized under what lawmakers said were unconstitutional circumstances.
"I think those materials ought to be returned," said House Speaker Dennis Hastert, adding that the FBI agents involved "ought to be frozen out of that (case) for the sake of the Constitution."

New theory- Foley knew he had a problem, and needed some way to stop himself from behavior he himself was starting to feel icky about. So he did what any self-respecting congressman does: he passed a law making his own activities illegal. "Yeah that's the ticket, that will get me to stop." Admitting you have aproblem (and passing a law outlawing it) is the first step to recovery!

In any case, IANAL, but I'm sure there are all sorts of laws/rules/ethics-violations that were in effect before the new "Adam Walsh Child Protection and Safety Act of 2006" thing went into effect. Besides if congress can retrocatively make torture and spying legal, I don't see why the opposite can't hold true. Let's just throw hundreds of years of jurisprudence out the window, just for fun, and try people for ex-post facto crimes. like I said, I'm not a lawyer.

Steve Duncan: yes, you're right. On Capitol Hill, it was a bipartisan effort to shield Jefferson from the law. I was thinking more of the blogoshpere...

Can we agree that if the FBI wants to seize Foley's computer - which undoubtedly has legislative material on it - nobody should advocate that the FBI should not be able to do so?

Al, this is a dicey issue. Some advocate protection of papers and records that border on treating congressional offices on par with a foreign embassy, i.e. immune from search for nearly any reason. Could a Senator place a murder weapon in a safe also containing lobbying records and claim searching the safe placed those records in jeopardy? For that matter could he hide an actual murder victim in his office washroom and refuse entry of any executive or judicial officers on this theoretical "legislative search/seizure immunity" gambit? Congress seems to be asserting even probable cause is not reason enough to search an office. Blood running under the door and into the hall still means the door stays closed. That's a bold assertion of privacy. Too bold to withstand scrutiny.

Al, could you provide links to the Dems in the blogosphere who were making that argument?

Matt, I tried to post a few links, but I guess Matthew's software didn't like them. I was thinking mainly of a few threads at the Volokh Conspiracy. Nonetheless, as I think back on it, the blogopshere was pretty unanimous in supporting the raids (there were only a few exceptions). So you are probably much more right than I was.

Nonetheless, as I think back on it, the blogopshere was pretty unanimous in supporting the raids (there were only a few exceptions).

The split over the raids, as I recall it, was not between Ds and Rs, but between Congressfolk and normal people with a sense of propriety. Congressmen from both parties assailed the raids, while everybody else recognized that we can't turn the Capitol into a safehouse for the commission of crimes.

"...everybody else recognized that we can't turn the Capitol into a safehouse for the commission of crimes."

Posted by: dj moonbat on October 2, 2006 02:41 PM
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The Capitol isn't a safehouse for the commission of crimes already?

The Capitol isn't a safehouse for the commission of crimes already?

Not de jure, anyway.

I love the fact that in the USA, otherwise intelligent people can disagree about whether it's OK for a middle-aged man to hit up a 16 yr old kid for sex. I would personally put myself among the group that would judge the old guy, if I knew about it, to be a scumbucket. But folks, here's the point: this involves a politician! Not some run-of-the mill horndog! No elected official should be involved in this kind of foolishness, especially if he's one of those flag-waving, jackbooted republicans who knew about it. String 'em up! Hang 'em high!!

All this fury and people can't get in a dander for more serious misdeeds. So a few pages were hit on, made uncomfortable, maybe even traumatized. Now, let's shift the scene to the Marianas Islands. Thousands of young people sit for 12, 14, 16 hours at a time in front of industrial sewing machines for pennies on the hour. They want better working conditions, higher pay, the right to organize. These same House politicos covering their asses in the Foley affair trekked to the Marianas multiple times to assure island leaders the U.S. would keep the oppressive slave labor gravy train rolling. How many people have a damned bee in their bonnet over that bullshit? Damned few. Hmmmm, all those poor kids chained to those sewing machines are brown, aren't they? And none of them write checks to the RNC, do they? Well, at least we can all work up a lather for the threatened tender anuses of a few white kids in the mahogany halls of Congress. I feel better.

It's all about the icky sex, Steve. Foley rode American priggishness to power, now it gets to ride him back down again. Fine with me. When are we going to learn?

And how many middle aged men reading this truly think that sex with a 16 or 17 year old would be "icky", as opposed to highly pleasurable but unwise for various reasons?

One would feel the FBI's intrusion into the Legislative Branch weren't so outrageous if Bush weren't such a dick about the king-like powers of the Executive Branch.


Comments closed October 16, 2006.

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