Since October 4, CNN has filed several stories on the dispute between the FBI and Citizens for Responsibility and Ethics in Washington (CREW) over copies of emails then-Rep. Mark Foley (R-FL) allegedly sent to an underage former congressional page, which CREW sent to the FBI in July. CNN has noted several times that anonymous Justice Department sources claimed that the copies of the emails CREW sent to the FBI were incomplete and heavily redacted; that CREW refused to comply with requests for further information; and that the FBI did investigate the emails, but determined that there was not enough evidence suggesting a criminal act. CNN has also noted that CREW's executive director, Melanie Sloan, has disputed these allegations, claiming that the emails she sent to the FBI were unedited and unredacted, and that the FBI never requested further information. At no point, however, has CNN explored the inconsistencies in the FBI's claims.

For example, the FBI claimed that it did not pursue the Foley case after receiving the emails because CREW refused to provide enough information. However, the FBI also claimed that it did investigate the emails and found that they did not indicate that a crime had been committed. Which is it? Sloan was quoted in an October 5 CREW press release saying: "[T]he FBI cannot have it both ways; either it failed to investigate the Foley emails because they did not rise to a level of criminal activity or because it did not have adequate information to do so. Pick one." Also, CNN has reported on the Justice Department's October 4 request that the House preserve Foley's office so that any further electronic messages may be retrieved, but CNN has failed to ask why it took the FBI six days (the scandal broke on September 29) to make that request. As Media Matters for America noted, this fact belies claims that the FBI was interested in moving quickly on the Foley investigation.

For example, CNN justice correspondent Kelli Arena's October 4 report -- which first aired on The Situation Room, and re-aired several more times on October 4 and 5 -- noted that the Justice Department placed Foley's office “under lock and key,” and that Sloan “allege[d] the FBI dragged its feet” in starting the investigation. Arena failed to note that the six-day delay lends support to Sloan's claim that the FBI has “dragged its feet.” Arena also failed to note the FBI's disputed claims that CREW redacted the Foley emails and refused the FBI's request for more information, instead reporting: “Now, the FBI is refusing comment. But government officials insist that the FBI did investigate. In fact, they say that three squads looked at the emails. A public corruption squad, a criminal squad, and then finally a cyber squad. Now, we're told that agents determined at the time there wasn't enough evidence to suggest any criminal activity.”

From Arena's report:

ARENA (voice-over): Behind this door, in what used to be Mark Foley's office, sits his computer. Disks and other materials that could be considered evidence. A senior justice official says the Justice Department requested it all be kept under lock and key and not touched pending a full criminal investigation. When the time comes to remove it all, agents want to do that themselves. And don't expect any challenge from Congress.

In the meantime, investigators are questioning former congressional pages about their relations with the former congressman.

[...]

ARENA: The investigation has been moving very quickly over the past 48 hours. The woman who first brought the original emails to the FBI's attention back in July says she doesn't know why it took so long.

SLOAN: It took, you know, literally less than 24 hours after the first set of emails were revealed for all the rest of the instant messages to come out. So if the FBI had done even just a modicum of digging, they would have found out much more about Mark Foley.

ARENA: She alleges the FBI dragged its feet. And her watchdog group sent a letter to the Justice Department's inspector general asking him to investigate.

Now, the FBI is refusing comment. But government officials insist that the FBI did investigate. In fact, they say that three squads looked at the emails. A public corruption squad, a criminal squad, and then finally a cyber squad. Now, we're told that agents determined at the time there wasn't enough evidence to suggest any criminal activity.

On the October 5 edition of CNN's Paula Zahn Now, Zahn noted: “The FBI's investigation is only, as you can see, into its first stages. And that raises a very big question: Why didn't the FBI get involved months ago, when it got some of the questionable emails from Mark Foley to an ex-page?” Investigative correspondent Drew Griffin purported to explore why, but, again, focused largely on the dispute between CREW and the FBI, and did not explore the FBI's inconsistent statements or actions. Unlike Arena, Griffin noted the FBI's specific allegation against CREW, but failed to note that the FBI's claim that the emails did not rise to the level of a crime does not square with its claim that CREW would not provide the necessary information.

From the October 5 edition of Paula Zahn Now:

ZAHN: So, even now, the FBI's investigation is only, as you can see, into its first stages. And that raises a very big question: Why didn't the FBI get involved months ago, when it got some of the questionable emails from Mark Foley to an ex-page? The source, a government watchdog group.

Investigative correspondent Drew Griffin has that angle for us tonight.

[begin video clip]

GRIFFIN: This is a copy transcript of the now-famous email sent to the FBI on July 21st, 2006.

According to the FBI, the exchange between a congressman and a page didn't rise to the level of a crime. And the FBI says its investigation was hampered because the group that provided the email wouldn't name the page and edited the messages.

That group's president, former assistant U.S. attorney Melanie Sloan, says the FBI is wrong.

SLOAN: I would call that a lie, in fact.

On July 21st, 2006, I sent to the FBI the emails. They were not redacted in any way, like they're claiming now. The kid's name is on the email, his full name and his email address, as well as the name of the congressional staffer to whom he was sending the email.

GRIFFIN: Sloan is president of Citizens for Responsibility and Ethics in Washington, a group that's been criticized for being anti-Republican. Conservatives charge that CREW and its Democratic supporters held back the memo until just before November's election.

Sloan, a former prosecutor, says she sent the email to the FBI as soon as she got it, because she was concerned for the safety of the pages.

(on camera): Did this rise to the level of something you thought needed to be investigated?

SLOAN: It absolutely did. The statement that the -- the emails themselves didn't -- didn't contain criminal activity right on the face of them, that's true. There's nothing sexually explicit in the emails themselves. The problem with the email is that they suggest criminal activity. They suggest that this is a man who might be involved in making improper sexual advances towards minors.

We thought it was very important that the FBI take a look at these and start investigating. But, then, we found out this past Monday, because the FBI announced it was going to start a preliminary investigation, that they must not have engaged in any investigation over the past couple of months.

GRIFFIN (voice-over): CNN asked other law enforcement agencies what action they might have taken based on the initial emails.

The New York police told CNN: “In principle, a complaint such as the one that was lodged against Representative Foley, for example, from a parent would result in an online investigation. That might have included having a police officer pose as a minor to set up a sting online.”

The Peachtree City Police Department in suburban Atlanta specializes in tracking down suspicious emails adults send to children, aiming to arrest would-be predators.

JIM MURRAY (Peachtree City, Georgia, police chief): We issue subpoenas for their -- for their email address and who they are and who they're registered with, and then we find them.

GRIFFIN: The FBI declined to comment on camera to CNN.

[end video clip]

GRIFFIN: Also declining to comment, Paula, was the actual agent who got that email back in July. CNN learned the name of that agent and called her up, and asked her to comment. We didn't get a call back from her yet. But government sources say three squads here at the FBI, including the cyber squad, had access or saw that email, and apparently, Paula, did nothing.

ZAHN: Well, let me ask you this. Do we know if the FBI followed up at all with this watchdog group?

GRIFFIN: According to Melanie Sloan, the president of CREW, the only response they got from the FBI when they sent over the email was, thank you very much. There was no follow-up.

And, again, Melanie Sloan says that email contained the full name of everybody involved.

ZAHN: All right, Drew Griffin, thanks so much.