Abuse
Mark Foley has plenty to be ashamed of, apparently, including his lawyer, who is now offering his client’s own history of childhood abuse and sexual orientation as something like an excuse. Frankly, the latter is largely irrelevant, except in which pages would have been subjected to harassment, and the latter is only relevant insofar as it underscores why such abuse is so serious. It seems, however, that Rep. Foley wasn’t so much a perpetrator of abuse as just a creep, although that doesn’t make his actions any less improper or potentially harassing. And there’s the real issue to be addressed.

Guidelines for addressing sexual harassment are well-established in the States at this point. Most large businesses (and many small ones) have set forth policies and procedures for handling complaints, and they’re based on laws and regulations and court case precedents and EEOC-issued policy papers. For any Federal government body to fail in its duty is indicative of a serious failure of oversight. It was bad enough that we had the embarrassing admissions of the Lewinsky affair, but there’s considerable room in that incident for it to have been a matter of censure rather than a full-blown case of workplace harassment. No such leeway is evident here, particularly in the actions of the Speaker of the House.

If it’s true that he knew of Foley’s actions in 2005 and did nothing, then he would be at fault, just as liable to redress as Foley himself. Although Congresspersons are essentially independent contractors, that they identify with a party and work therein according to party directives and discipline under the supervision of the Speaker makes them functionally employees, and their employers have a responsibility hierarchically to ensure they act according to ethical standards.

Speaker of the House Dennis Hastert will have violated those ethics by failing to take the matter with due seriousness to the same degree and in the same kind as Foley’s actions have done. He should step down immediately pending the outcome of a properly conducted DOJ investigation.