Mark Foley scandal
The Mark Foley scandal, which broke in late September 2006, centers on soliciting emails and sexually suggestive instant messages sent by Mark Foley, a Republican congressman from Florida, to teenaged boys who had formerly served as congressional pages. Investigation was closed by the Florida Department of Law Enforcement on September 19, 2008, citing insufficient evidence to pursue criminal charges as both "Congress and Mr. Foley denied us access to critical data," said FDLE Commissioner Gerald Bailey. The scandal grew to encompass the response of Republican congressional leaders to previous complaints about Foley's contacts with the pages and inconsistencies in the leaders' public statements. There were also allegations that a second Republican congressman, Jim Kolbe, had improper conduct with at least two youths, a 16-year-old page and a recently graduated page.
The scandal led to Foley's resignation from Congress on September 29, 2006. In some quarters, the scandal is believed to have contributed to the Republican Party's loss of control over Congress in the 2006 midterm elections, as well as the end of House Speaker Dennis Hastert's leadership of the House Republicans. Kirk Fordham, chief of staff to Rep. Tom Reynolds and former chief of staff for Foley, also resigned as a result of the scandal.
Newsweeks June 7, 2010, issue's Back Story listed Foley, among others, as a prominent conservative politician who had a record of anti-gay legislation and was later caught in a gay sex scandal.
The questionable conversations, which took place between 1995 and 2005, were investigated by the FBI for possible criminal violations. In September 2008, Florida officials investigating Foley decided not to charge him, citing a lack of evidence and the expiration of the statute of limitations. The House Ethics Committee investigated the response of the House Republican leadership and their staff to earlier warnings about Foley's conduct. In early October 2006, two news organizations anonymously quoted former pages who said that they had sexual liaisons with Foley after turning 18 and 21. Foley was chairman of the House Caucus on Missing and Exploited Children, which introduced legislation targeting sexual predators and created stricter guidelines for tracking them.
Messages
Emails
In 2005, Foley sent five emails to a 16-year-old former page from Monroe, Louisiana who had been sponsored by Rep. Rodney Alexander. They were the first messages to be made public in the scandal. Among other things, Foley asked for a photo of the page, his age and birthday, and what he wanted for a birthday present. Foley observed that another male page was "in really great shape... i am just finished riding my bike on a 25 mile journey..." The page forwarded the e-mails to a colleague in Alexander's office, saying "this really freaked me out", and repeating the word "sick" 13 times in a row to describe the photo request. The page asked "if you can, please tell Rodney about this", and in addition, mentioned a female page who had been warned about a congressman who "hit on" interns.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 e-mailed another with a request for a photograph of his erect penis. Another former page reported that he saw sexually explicit e-mails sent to one page from his page class of 2001–2002, and learned of "three or four" pages from that class who received similar e-mails.
Instant messages
After the initial story on the emails, other pages contacted ABC and The Washington Post, providing transcripts of sexually explicit instant messaging conversations from 2003 that Foley had with two pages who were under the age of 18 at the time. The Washington Post reported it had received its copies of the same IMs from a page who had served on Capitol Hill with the two pages to whom they had been addressed.Another former page, Tyson Vivyan, said that he had received "sexually suggestive" messages from Foley in 1997, a month after he left the page program. A page from the class of 1998 also reported receiving explicit IMs from Foley. A page from the class of 2000 reported he chatted with Foley during the Congressman's 2000 visit to the page dormitory, and afterwards, he began receiving e-mails and IMs from Foley, which became explicit immediately after his 18th birthday.
Physical contact
In early-October 2006, two news organizations anonymously quoted former pages as saying that they had sexual liaisons with Foley after they turned 18 and 21, respectively.Visits and meetings
On at least two different occasions, one in the summer of 2000 and one in 2002 or 2003, Foley allegedly visited the dormitory where pages live. On the first occasion, he drove up in his BMW automobile during a nighttime "mixer" party. Students came out of the dorm to talk with him and were warned away by an adult supervisor in the page program, who shooed them back inside.In the second visit, Newsweek reported that Foley showed up at the dormitory after the 10 P.M. curfew, apparently drunk, and attempted to enter the building. He was reportedly turned away by a security guard.
Other meetings include a dinner with one former page, then 17, after which he invited the youth back to his hotel room and "touched his leg", and a visit by two pages in 1997 to Foley's Washington condo where they consumed pizza and soda. Another page reported that Foley repeatedly invited him out for ice cream.
Sexual liaisons
Though Foley is not alleged to have engaged in sexual relations with pages during the time of their service, he allegedly had, on at least two occasions, sexual relationships with ex-pages.In communications with one of the pages, who chose to remain anonymous, Foley appeared to emphasize that while he assessed the attractions and orientation of pages, he waited until they had left the program to engage the youth in erotic activities: "I always knew you were a player but I don't fool around with pages."
The Los Angeles Times contacted the anonymous former page, according to a report in the paper on October 8, "after others identified him as someone whose contacts with Foley went beyond graphic messages." The page said that after leaving the page program, he began receiving instant messages from Maf54, Mark Foley's chat username, that quickly became provocative in nature. According to the Times:
The ex-page said that in the fall of 2000, when he was 21 years old, he engaged in sexual intercourse with Foley at the congressman's Washington residence. According to the former page's account, "he two had wine and pizza on a backyard patio and then retired to a spare bedroom."
Another former page told ABC News that Foley arranged a sexual liaison with him but only after he turned 18.
Foley's response
After the initial e-mails had been publicized, Foley's office confirmed that Foley had sent the messages but said they were innocuous, and accused his election opponent of orchestrating a smear.Shortly after being questioned by ABC about the more explicit IMs – and before they had been publicly revealed – Foley resigned from Congress. 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."
Kirk Fordham, chief of staff to representative and National Republican Congressional Committee chairman Tom Reynolds of New York, and former chief of staff to Foley, said that he was with Foley when ABC confronted him with the explicit IMs. Fordham said that he asked Foley if they were authentic, and that Foley replied, "Probably." According to Newsweek, Foley "knew he was finished." Fordham then visited GOP headquarters to inform Hastert and Reynolds; he returned with a one-sentence resignation letter that Foley signed. A short time later, Foley submitted his resignation to Governor Jeb Bush and left the capital.
Once the scandal broke in full, Foley had virtually no chance of staying in Congress. Hastert and Reynolds let it be known that if Foley did not sign the resignation letter, they would have sought his expulsion from the House. Polls showed him losing badly to his Democratic challenger, businessman Tim Mahoney.
On October 2, Foley checked himself into a rehabilitation clinic for alcoholism. 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, that the inappropriate conversations were the result of a secret alcohol problem and primarily occurred while Foley was intoxicated, and that Foley is gay. Previously, when confronted with speculations that he was gay, Foley labeled them "revolting and unforgivable". However, Foley's sexuality had been an open secret in Washington for many years.
Alleged molestation of Foley
After demands to do so, Foley privately identified the priest he alleged had abused him as a child. However, the public revelation of his identity, Anthony Mercieca, a 69-year-old Catholic priest now living in Malta, came through the investigative reporting of the Sarasota Herald-Tribune.Parallel to Foley's disclosure, Mercieca held several interviews in which he described a two-year relationship with Foley from when the youth was a 13-year-old altar boy at Sacred Heart Roman Catholic Church in Lake Worth, Florida, until he was 15. He told the Sarasota Herald-Tribune about a number of intimate occasions that the priest claimed "Foley might perceive as sexually inappropriate", such as "massaging Foley while the boy was naked, skinny-dipping together at a secluded lake in Lake Worth and being naked in the same room on overnight trips." Mercieca hinted at an even more intimate event, which he claimed took place while he was under the influence of tranquilizers and alcohol, and which he could not clearly recollect, and that he taught Foley "some wrong things" related to sex, which he did not specify.
In a separate AP interview, he recounted that: "We were friends and trusted each other as brothers and loved each other as brothers. It was not what you call intercourse... There was no rape or anything... Maybe light touches here or there." He told a Florida TV station that it was not abuse, which is against someone's will: "He seemed to like it, you know? So it was sort of more like a spontaneous thing." The Archdiocese of Miami issued a statement apologizing to Foley for "the hurt he experienced" from the priest's "morally reprehensible" actions, and suspended Mercieca's faculties.
According to Mercieca, he had last seen Foley at a dinner meeting 18 years before, in a restaurant in Lake Worth. When asked whether he had anything to say to Foley, Mercieca said, "Remember the good times we had together, you know, and how well we enjoyed each other's company." He added, "Don't keep dwelling on this thing, you know?" Mercieca could not be prosecuted for his activities with Foley because the relevant statutes of limitations had expired, and the Palm Beach County state attorney's office "cannot conduct an investigation because Foley has declined to press charges."
A childhood friend of Foley's, Jon Ombres, confirmed the close friendship between the two, and suggested that there may have been a second priest, sexually interested in youths and with whom Foley was on good terms, active in the parish at that time. As of October 25, Mercieca faced new accusations, leveled by a former altar boy who claims having been abused by him in the seventies at the age of twelve. Mercieca, speaking through his lawyer, denied the second accusation, claiming that it is "at best as a figment of the imagination and at worst a malicious fabrication." On July 18, 2007, the Roman Catholic Archdiocese of Miami settled a lawsuit brought against it by the former altar boy. The terms of the settlement were not disclosed. The lawsuit had sought more than $10,000,000 in damages.