Order on Documents Signals Justice Dept. May Pursue Foley

The focus of the probe so far is on whether Foley might be liable for charges of crossing state lines or using electronic communications to entice a minor into sexual acts, but investigators "have not ruled out any number of possible crimes that could be looked at," said one official, who along with others requested anonymity because of the ongoing investigation.

David Schertler, a former federal prosecutor now in private practice in the District, said federal law would apply to "whoever persuades, induces or entices," by telephone or e-mail, a minor to engage in sexual activity, whether or not a sex act occurred. "Some of the comments that are in those e-mails could be interpreted as violations of the statute. Whether or not they present a compelling case is another matter," Schertler said.

The chat exchanges attributed to Foley so far include lewd discussions of body parts and sex acts and hint at intimate meetings that either happened or were sought by Foley.

Two law enforcement officials said the ages of the boys communicating with Foley could be a serious complication, however. Federal law defines a minor as anyone under 18, but many jurisdictions set a lower age of consent for sexual acts. Federal officials say they take into account the age of sexual consent in a local jurisdiction when determining whether a federal law has been violated.

In the District, for example, the age of consent is 16, although lawmakers this year passed legislation allowing prosecution of ministers or other people of authority who have sex with someone 17 or younger.

Officials said there has been no attempt at this point to raid or seize the records in Foley's office.

Stuart F. Pierson, a former federal prosecutor who is now a lawyer with the D.C. firm Troutman Sanders LLP, said getting to Foley's computers may require negotiation with the House counsel's office.

"There are a lot of sensitivities searching a congressman's office," he said.

Hastert indicated to reporters Monday that House leaders "expect everybody to cooperate" and would not stand in the way of investigators. Foley's attorney, David Roth, also pledged full cooperation with the FBI. "Nothing will be altered," he said.

Staff writer Mary Beth Sheridan and staff researcher Madonna Lebling contributed to this report.