According to Justice Department officials, it is unlikely that the U.S. Attorney's office in Washington will press forward on a prosecution in the Foley case.Call it immoral...call it dumb...call it whatever you like, but it appears that Mark Foley will not be charged because he did not break the law (or at least the prosecution doesn't think they would be able to prove it). In other words, the attacks on Foley were politically motivated...what a surprise. Stumble It!
According to several sources, prosecutors have had difficulty establishing probable cause of a crime. The barrier in getting past the probable cause threshold was the statute on transmitting obscene materials to minors. Under federal law, the age of minors receiving obscene materials is 16.