I agree with the American Thinker.
We need a DOJ investigation on the genesis of this entire tale.
Whatever unethical or illegal behavior that Foley committed, he should be held to account for them.
However, if there was a politically contrived conspiracy to (1)selectively hold and (2)selectively dish out information that actually warrants an ethics or legal proceeding against Foley, until it would be politically advantageous, until 30 days before a national election would not allow time to have the matter cleared up, then a set of conspirators should be charegd with obstruction of justice.
Additionally, anything that is fraudulent about the IM messages should result in criminal prosecution of those who committed the fraud.
As much as it stinks, there is zero chance of making this a crime. This is politics. People time their opponents bad news to correspond with elections. It simply won't happen. All having a full investigation will do is drag this thing out for the next five weeks, keeping the GOP off of whatever message it might come up with. And besides, we might not like the answers to the questions.