Authorities can’t prove scandal case against Foley By BRIAN SKOLOFF The Associated Press Posted November 7, 2008 WEST PALM BEACH -- Florida authorities closed their case against a lawmaker who resigned amid scandal, saying Mark Foley will not face charges for allegedly sending salacious computer messages to underage male interns because prosecutors could not prove the authenticity of the chats. The Florida Department of Law Enforcement also said in an investigative report that too much time had passed since the February 2003 messages to bring any charges. "There did not appear to be probable cause that a crime was committed," the report said. The report also noted that a federal investigation was closed in July. A senior Justice Department official confirmed last month that prosecutors advised Foley’s attorney in July that the former congressman would not face federal charges. The official spoke on condition of anonymity because they were not authorized to discuss the case. The Florida Republican resigned from Congress in 2006 after being confronted with illicit e-mails and instant messages he was purported to have sent to Capitol Hill pages. Florida law enforcement had been investigating alleged electronic communication between Foley and an underage intern sent in February 2003. However, the agency could not obtain authentic records of the instant message chats. Authorities were investigating whether Foley broke the law by sending lewd or seductive messages to minors, or whether he tried to arrange a meeting for sex with a minor. Florida authorities were also hampered in their investigation because neither Foley nor the House of Representatives would let investigators examine his congressional computers. The House counsel noted the computer and its contents were protected as privileged material and that only Foley could release them. He refused.