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Panel's report on Foley inquiry unlikely before election

The investigation's quick pace had led some Democrats to hope for a pre-election release.

By Washington Post
Published October 28, 2006

WASHINGTON - The House ethics committee has all but wrapped up the investigative phase of its inquiry into the actions of former U.S. Rep. Mark Foley, informing key witnesses that they will not be summoned back for more questioning, lawyers in the case said Friday.

But those lawyers indicated that the committee is unlikely to release its report - or even an interim memo - before the Nov. 7 election.

The investigation's quick pace had raised hopes among some Democrats that the committee could release its finding on the Florida Republican in the coming days, fulfilling a pledge from the committee's top Democrat, Rep. Howard Berman of California, that the inquiry would be wrapped up in "weeks, not months."

The political shock of Foley's sexually explicit instant message exchanges with former House pages has faded, but questions remain about what House GOP leaders knew of Foley's behavior and when they knew it. A committee report could have resurrected Democratic charges of a coverup, some Democrats hoped.

But with many hours of testimony to transcribe into thousands of pages of evidence, it is unrealistic to believe or expect that even an interim memo can be released next week, said Timothy Heaphy, the lawyer for Foley's former chief of staff, Kirk Fordham.

The task of sifting through evidence and reaching conclusions appears to be at hand. Aides on the House Committee of Official Conduct told Heaphy that Fordham was free to leave the country Friday on vacation. Lawyers close to the inquiry said another pivotal witness, former House Clerk Jeff Trandahl, will not be called back for followup questions.

The committee has also taken testimony from House Speaker Dennis Hastert, R-Ill., and his top staff; House Majority Leader John Boehner, R-Ohio; National Republican Congressional Committee chairman Tom Reynolds, R-N.Y.; Rep. Rodney Alexander, R-La., whose former page apparently first brought Foley's e-mails to the attention of the House leadership; Rep. John Shimkus, R-Ill., who chairs the page board; and several other Republican aides.

The most glaring hole in the testimony is the apparent decision not to call Rep. Jim Kolbe, R-Ariz., who was aware of inappropriate e-mails from Foley to a page as far back as 2000 and whose conduct with former pages has also drawn scrutiny. Korenna Cline, a Kolbe spokesman, said the ethics committee has had no contact with the congressman or his staff.

Still, the committee has generally garnered praise for its members' diligence. This week's appearance by Hastert was expected to be short and perfunctory. Instead, Hastert remained behind closed doors for nearly three hours.

[Last modified October 28, 2006, 05:37:38]