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Constitutionally Protected Chats?
From the AP:
Florida's top police agency said Wednesday its investigation into former U.S. Rep. Mark Foley's lurid Internet communications with teenage boys has been hindered because neither Foley nor the House will let investigators examine his congressional computers.The Florida Department of Law Enforcement says it hopes to conclude its investigation next week. Foley, a Florida Republican, resigned from Congress on Sept. 29 after being confronted with the computer messages he sent to male teenage pages who had worked on Capitol Hill.
"We have requested to review federally owned computers that Mr. Foley used during his time as a representative, but the U.S. House of Representatives ... cited case law restrictions that prohibited them from releasing those computers," said Heather Smith, an FDLE spokeswoman.
The AP notes the court decision early this month that the FBI had wrongfully seized Constitutionally protected legislative materials from Rep. William Jefferson's (D-LA) office, which strengthens the House's refusal to turn over the computer. Probably not precisely what the Founding Fathers had in mind.
Josh
Zachary
Why should a police agency in Florida be allowed access to a former rep's House computers? Slippery slope there, constitutionally? I could imagine a special warrant being issued in a case where a life were threatened, or similar. But other than that... ?
August 23, 2007 11:34 AM | Reply | Permalink
i get it now,
our leaders can spy on us but we aren't allowed to know what they are up to.
what a great country!
August 23, 2007 11:42 AM | Reply | Permalink
It would be one thing if the House actually took action against criminal actions that take place within, but if you expect them to police themselves- I have a bridge to sell you.
Have they done anything to investigate Freezer Jefferson? Why would you expect them to do anything about BoyToy Foley.
The Congress needs adult supervision.
August 23, 2007 11:48 AM | Reply | Permalink
"Case law"
Congress: standing up for the rights of child predators! How about Congress changing the rules so that the pertinent information is released to the public? Or is that just too embarrassing, possibly criminally so to the House Ethics Committee members and several generations of so-called Congressional Leadership?
The Congress seems to now be an institution that is starting to fail to actually respect anything more than power for its membership. Perhaps it has always been that way? Failure to adapt though to the current political situation seems to be the byword over on the Hill these days. And why not, right? The Executive will cover for them or be a good whipping boy...blame the press for all the problems too while you're at it. After all, moral fortitude and ethical behavior are available through their local liquor outlet.
August 23, 2007 11:49 AM | Reply | Permalink
What the hell do they need his comp for - subpoena the comps of all the people he e-mailed. Sheesh. Then go to a judge and say LOOk asshole - we've got a case, get in our way now?
August 23, 2007 12:02 PM | Reply | Permalink
Publish every single e-mail across the country in every police publication, every floridian newspaper and magazine the dept can afford until the Congress is EMBARRASSED into doing whats right.
August 23, 2007 12:06 PM | Reply | Permalink
Illegal acts are not constitutionally protected . . . Illegal shit planned with your attorney present is not protected . . . Nor is it freedom of speech. Foley needs serious jail time and an ankle bracelet when he is released. Foley needs to live twenty-five miles into a Florida swamp so he won't have access to male teenagers. Foley can be spelled A-S-S-H-O-L-E.
August 23, 2007 12:06 PM | Reply | Permalink
This is really pretty simple. The Jefferson decision laid out how to do it. A representative of Foley and a representative for the House reviews the files on the computers and removes legislatively privileged material. A judge reviews whether the claim of privilege is correct.
Everything they don't remove and everything a judge determines not to be related to legislative activities is turned over pursuant to a warrant.
The Jefferson court did not rule that a warrant cannot be effective. They ruled that the warrant was executed incorrectly.
August 23, 2007 12:27 PM | Reply | Permalink
Sick.
BTW, if Pelosi et. al. don't think this says bad things about the Democrats, they are nuts. Protecting child predators from prosecution is about as wrong as it gets. Oh, and why is William Jefferson still in Congress?
August 23, 2007 12:53 PM | Reply | Permalink
I can't wait for July 4th, I'm so bursting with pride! Throw them all out!!!!!!!!!!
August 23, 2007 1:00 PM | Reply | Permalink
Good lord, minors were involved. What is wrong with them? They need to find a way to cooperate.
Because if they don't, there can only be one reason why. There's a bunch of other congressmen implicated in this scandal. Congress should be bending over backwards trying to find a way to cooperate.
August 23, 2007 1:30 PM | Reply | Permalink
Plame's boss was Foley(CIA). Foley(USAID) was murdered in Jordan. Foley has his problems after all this, maybe there is a problem with the Foleys?
August 23, 2007 1:51 PM | Reply | Permalink
Remember folks... the pigs are MORE equal. Even after they gone, they remain MORE equal.
If anyone out there STILL believes we live in a democracy, please stand up.
Oops, I see only congressmen and senators... and a Vice President standing.. and the VP seems to be holding a shotgun....
August 23, 2007 2:26 PM | Reply | Permalink
Pathetic. What exactly CAN the Congress do properly these days?
August 23, 2007 3:22 PM | Reply | Permalink
"Pathetic. What exactly CAN the Congress do properly these days?"
If congressmen were actually patriotic, they could tell the American public that they were sorry for putting themselves and their greed for money and power first... that they would begin to work on passing laws to limit their ability to circumvent laws and ethics regulations which protected them at the expense of common citizens... that they would ensure those charged with protecting and serving the public would be held to a higher standing... that... well, you get the point.
I've been reading a blog from a young Iraqi, who is still living in Iraq, over the past few years. One of the family members, an 80 year old aunt, made a comment describing why the above will not happen. She was referring to both occupation and Iraqi leaders over the past 4 decades. She simply said, “History repeats itself… Politicians are opportunists".
August 23, 2007 4:09 PM | Reply | Permalink
Ursus 12:27 describes the proper procedure.
It wouldn't take much for an improperly inclined political machine to demand access to all a Congressional office's computers for improper political purposes if all they had to do was alledge a crime.
But the House does need to make this method of sorting things out available. If they don't, they will justify all the accusations of stonewalling above.
August 23, 2007 4:47 PM | Reply | Permalink
The republicans knew what Foley was doing for years. RAhm Emmanuel knew way before the news became public as well.Have read that if you are a teacher or cab driver and with hold that kind of information, it is a crime.
August 23, 2007 11:38 PM | Reply | Permalink