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Foley Offers No Excuse .. Or Two

by TChris

Mark Foley is walking a tightrope. The emails and IM's are out there; he can't pretend they don't exist. Through his counsel, Foley apologized for "inappropriate" communications. A more specific apology - the kind that could be introduced as evidence against him during a sexual assault trial - isn't likely to be forthcoming, as Foley's lawyer denied that Foley had sexual contact with a minor.

As TalkLeft noted here, Foley followed the standard Washington practice of entering an alcohol treatment program. "I did it because I was drinking" hasn't impressed a judge since the days of Wyatt Earp. Today, while carefully offering no excuses, Foley's lawyer alluded to Foley's history of abuse by a clergy member when he was a child. "I did it because I was abused as a child" sounds strained coming from a stalwart of the Party of Personal Responsibility. And these sound suspiciously like excuses from a man who, according to his lawyer, wants to offer no excuses.

Because conservatives have populated courts with judges who don't much care why you did what you did, Foley can't expect sympathy from the judiciary because of his childhood victimization. If Foley wants to soften a potential punishment, he would be wiser to enter a reputable and very private sex offender treatment program.

Mitigation arguments tend to concede (or at least imply) guilt. They usually aren't made early in the representation of a client who might face criminal charges. A firm declaration of innocence, or at least a reminder of the presumption of innocence, followed by "I have no other information at this time" is often the safest course. If Foley wants to win the public's favor to deter a potential prosecution, it's not clear that airing his unfortunate history will have that effect.

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  • Re: Foley Offers No Excuse .. Or Two (none / 0) (#1)
    by Talkleft Visitor on Tue Oct 03, 2006 at 08:26:01 PM EST
    If Foley wants to soften a potential punishment, he would be wiser to enter a reputable and very private sex offender treatment program.
    Methinks he would be a great deal wiser to be away on his toes and take up residence here.

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#2)
    by Talkleft Visitor on Tue Oct 03, 2006 at 09:21:50 PM EST
    Tierra Del Feugo that is, not the Malvinas, too many inbred miserable psuedo Brits, not to mention more sheep than you can shake a stick at.

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#3)
    by Quaker in a Basement on Tue Oct 03, 2006 at 11:56:36 PM EST
    His excuse is "Hey, I was drunk!"?!? Is he a congressman or a Jeff Foxworthy joke?

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#4)
    by Talkleft Visitor on Tue Oct 03, 2006 at 11:56:36 PM EST
    And these sound suspiciously like excuses from a man who, according to his lawyer, wants to offer no excuses.
    He is a Republican, after all.

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#8)
    by Rust Belt on Wed Oct 04, 2006 at 07:06:37 AM EST
    If his excuse is that he was drunk when he sent these messages, was that a concession that he was drunk on the floor of the House for a vote. (Recall that a newly released conversation has him having internet sex right before he votes)

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#10)
    by jonkatz5 on Wed Oct 04, 2006 at 11:31:23 AM EST
    Today's Underdog Blog covers Mr. Foley's criminal defense issues: October 4, 2006 Talking about Mark Foley: Marks & Katz gives the radio audience a criminal defense perspective. House Speaker Dennis Hastert recently called for the United States attorney general to conduct a criminal investigation of former Congressmember Mark Foley. [follow link for the rest]

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#9)
    by ScottW on Wed Oct 04, 2006 at 12:32:04 PM EST
    We should be installing breathalyzers at the doors of the Senate, the House, and maybe even the White House. I'm a little surprised Scooter hasn't checked into rehab. When the rest of the population uses the drunk defense we are ostracized, when politicians use it, they are commended at some level for getting help. I'm not suggesting that the man doesn't need help with drug dependency or whatever issues he has, but they need to quit with the moral high-ground. People mess up and need treatment to get better. Yet all they spew is lock them up and throw away the key, until of course, one of their own is involved. Rush L. comes to mind. The really sad part is the party of personal responsibility ALWAYS turns to an excuse of no responsibility. I was drunk, I was molested, blah, blah, blah. They hate liberal notions and lawyers until they need them/one. Question. If I had know about a person committing the same crimes, could I be charged for not reporting ? I don't have kids, but if some idiot knew about some pedophile emailing my child and did nothing, I would like to think that I would be able to bring him to justice as well.

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#7)
    by kdog on Wed Oct 04, 2006 at 12:46:29 PM EST
    Is he a congressman or a Jeff Foxworthy joke?
    Both.

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#6)
    by Talkleft Visitor on Wed Oct 04, 2006 at 12:46:30 PM EST
    Did everyone notice that amidst these other excuses, his lawyer was like, "And he wants everyone to know that he's gay." The lawyer didn't come right out and say it, but the implication is that this is another excuse-- gay men are evil and can't keep their hands off children. It was proven long ago that homosexuality has absolutely nothing to do with pedophilia, but people like Jerry Falwell and his followers still believe just that, and they're going to run with this Foley thing as an example of those "eeeeevvvvillll gays trying to molest children."

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#5)
    by Richard Aubrey on Wed Oct 04, 2006 at 12:46:34 PM EST
    If Foley is referring to a Catholic priest, and given his own proclivities for youngsters, are we feeling a bit of sympathy for the Boy Scouts' insistence on straight leaders? Naw. Didn't think so.

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#11)
    by kdog on Wed Oct 04, 2006 at 03:19:15 PM EST
    are we feeling a bit of sympathy for the Boy Scouts' insistence on straight leaders?
    No...because being gay has nothing to do with being a predator. Until two days ago Foley was straight and would have been a-ok by boy scout standards. C'mon man.

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#12)
    by Richard Aubrey on Wed Oct 04, 2006 at 07:58:44 PM EST
    kdog Until he was about eight, Foley was straight. Until about two days ago, only the entire Congress knew he was gay, and the local papers sat on what they knew because he was gay. What that meant is unclear, but it's what they said. I'm straight. And nobody is going to get me to run a girls' organization. I mean ask me. Or get me. I coached a girls' soccer team once, and couldn't get any adult help (Chaperone/witness, actually) to save my life. So we never, ever met indoors, no matter the weather. The same is just as true of pedophiles/pederasts (the latter are completely gay) and any gay man who wants to get into that kind of job would be as nuts as if I wanted to coach a girls', oh, cheerleader squad. Stupid, stupid. And anybody whose stupid got overruled by his interest in the job ought to be refused on account of being really nuts. You don't even have to be guilty of anything. The false accusations against teachers prove that. Thirty years ago, little kids used to drop into my folks' house to see if it was two-cookie day. Today, if a kid is walking down the street and my father--eighty-six years old--is doing yard work, he won't even say hello. I can't say he's overdoing it. In this atmosphere, a gay man who wants to be a BSA leader is too stupid for the job, even if he'd never be a predator. But then there's the Catholic scandal, and the coverup by the lavender mafia. This is not nothing and the BSA is being prudent. Suppose people had said, watch out for Foley, he's gay and hitting on pages. HOMOPHOBIA! is what they'd say. What could you say? Foley is hitting on male pages because he likes young men--but not that he's gay. Pretend he's hitting on both male and female pages to avoid the subject of his orientation? Seems to me that if he were hitting on young women, something might have been said.

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#13)
    by kdog on Thu Oct 05, 2006 at 06:17:53 AM EST
    Rich...Are you telling me if Foley went to a boy scout troop last week and volunteered they wouldn't have welcomed him with open arms? Their wished-for ban does nothing to protect kids, as you never really know what anyone, straight or gay, is capable of. You never really know whether someone is straight or gay unless they tell you, for that matter. There are straight sickos and gay sickos. I don't believe gays are any more or less inclined to be sickos. I believe you are born gay, Foley didn't turn gay at 8. His sexual identity may have been damaged beyond repair due to being abused, but he didn't turn gay, either he always was or always wasn't. Regadless, I say again his sexual orientation is irrelevant, it's the fact the paiges are minors. If he was cyber-sexing with adults I wouldn't have a problem with it. In general, gay people are just like us. You have your sex life and your "regular" life....only sickos have a problem seperating the two. For all I know my little league coach growing up could have been having gay orgies every night...didn't matter because it never came to the field...sex life, regular life.

    Re: Foley Offers No Excuse .. Or Two (none / 0) (#14)
    by Richard Aubrey on Thu Oct 05, 2006 at 07:47:28 AM EST
    Kdog. Wasn't it you who said Foley was straight until two days ago? So if he was born gay, what, was he born two days ago? The BSA won't, if they're smart, take on a gay man. Too much danger, any more than the GS will take a straight gy for a troop leader. The attraction is an added issue. Foley was a pederast, and boy scouts are peders, or whatever that is. They're of an age where they are becoming young men. Exactly Foley's hunting ground. Why do we have to protect pages against his type and not Boy Scouts? No, the BSA would only have welcomed him if they thought he was straight, and, as I say, that he wasn't was common knowledge. Now, if he'd moved across the country, made up a list of references he could trust to either lie or be oblivious, and made an effort to appear straight, the BSA might have been duped into hiring him. That's not exactly hiring the real Foley.