Sen. Craig Might Not Resign After All:

The AP reports:

Sen. Larry Craig is reconsidering his decision to resign after his arrest in a Minnesota airport sex sting and may still fight for his Senate seat, his spokesman said Tuesday evening.

"It's not such a foregone conclusion anymore, that the only thing he could do was resign," Sidney Smith, Craig's spokesman in Idaho's capital, told The Associated Press.

PersonFromPorlock:
Love it. Maybe he will change parties!
9.5.2007 12:15am
PatHMV (mail) (www):
For his truly prodigious levels of decision reversals, even for a member of Congress, I've awarded Sen. Roberts the John Kerry Golden Flip Flop Award.
9.5.2007 12:16am
Christopher Cooke (mail):
Very clever: tell everyone you will resign to get the media off your back and then, on some slow news Friday afternoon, quietly take it back, by just not moving out of your office.
9.5.2007 12:19am
Tony Tutins (mail):
There's precedent for that. Although he resigned his Ways and Means Committeeship, the married Wilbur Mills ran and won reelection, after his lady friend Fanne Foxe was caught cavorting in the Tidal Basin, while he was nearby in a car, all scratched up.
9.5.2007 12:21am
Anderson (mail):
Senator Craig is a man with a lot to reconsider.
9.5.2007 12:36am
David Sucher (mail) (www):
I think this is fabulous. If you put it in a movie no one would believe it.
Obviously it's all a Bush ploy to take our attention away from Iraq.
9.5.2007 12:37am
Kieran (mail) (www):
I guess he still doesn't know if he's coming or going.
9.5.2007 12:38am
Cornellian (mail):
Exactly how do you "force" a Senator to resign? No one has suggested the Senate is going to vote to expel him so what other leverage does the Republican party have if they want a guy to resign? He presumably knows he has no chance of keeping the Republican nomination for 2008 so threatening to mount a nomination challenge isn't much of a threat - that's going to happen anyway. The RNC doesn't pay his pension. So what can they do if he just decides to serve out his term no matter what the RNC would like? Maybe he's an incurable optimist (many politicians are) and thinks he'll keep the nomination in 2008 and win re-election but at this point he's probably the only person in Idaho who believes that. Maybe he thinks voters have a short memory and if David Vitter can get away with it, maybe he can too but somehow I don't think this is the kind of thing that voters forget.
9.5.2007 12:43am
Jerry F:
This is disappointing because he is now acting indistinguishably from a Democrat. I was sympathetic to him at first; someone with homosexual urges need a lot of integrity and courage to stand up for traditional values and maintain an impeccable pro-family voting record for so many terms in the Senate. When he got caught, I was willing to forgive him; no one is without sin. But him lying to a police officer and to the American public was embarrassing at best, and that combined with his going back and forth on his pleading and his resignation shows not only a lack of judgment, but a lack of integrity as well.
9.5.2007 12:51am
David Sucher (mail) (www):
"...someone with homosexual urges need a lot of integrity and courage to stand up for traditional values and maintain an impeccable pro-family voting record for so many terms in the Senate."

In all seriousness, this statement is one of the most fascinating I have read about Craig. So much to unpack. Just to recap: you are saying that you don't believe Craign i.e. that he actually knew all along that he was gay but that he manfully, as it were, denied it so that he could pretend to be straight in order to vote anti-gay. And that's admirable? And healthy for Craig, his family etc?
9.5.2007 1:18am
Sarah (mail) (www):
I think it's time for every high-profile American to go back to famous school and be reminded of the concept of disappearing for a while, waiting till everyone forgets whatever it was again, and THEN acting as though nothing happened in the first place. The disappearing for a while is the critical bit! I mean, Michael Jackson understands this principle. How hard can it possibly be?
9.5.2007 1:35am
Ralph:
I agree with David Sucher -- Jerry F's comment was fascinating. I think the idea is that the social conservative agenda is a moral agenda, so Craig was standing up for morality even if he himself was, um, immoral. But it's amusing that the ultimate state of someone who has lied again and again is to be like a Democrat.
9.5.2007 1:49am
John Herbison (mail):
I have not read the colloquy regarding the trial court's acceptance of Senator Craig's plea, (does anyone have a link?), but judicial acceptance of even a plea tendered pursuant to North Carolina v. Alford requires a factual basis. Where is the factual basis for Sen. Craig's guilty plea?

Even if one assumes that Craig was in search of and fully intended to consummate something more intimate than a toe-tapping good time, what facts indicate that his conduct had ripened into a completed crime, or for that matter even an attempt, at the time of his arrest?

Did Mr. Craig voluntarily, intelligently and knowingly waive his right to counsel prior to the court's acceptance of his plea? If not, his conviction may be void and subject to collateral attack.

Larry Craig pled guilty to a crime for which he should have never been charged; David Vitter admitted to "serious sin" which likely constituted criminal conduct after he had been linked to escort services in Washington and New Orleans. Why does the Republican leadership regard Craig as more ignoble than Vitter?

One wonders what the reaction of is fellow Roman Catholic Republicans would have been if Vitter had admitted using a condom during his whoremongering.
9.5.2007 1:50am
Bruce Hayden (mail) (www):
I have not read the colloquy regarding the trial court's acceptance of Senator Craig's plea, (does anyone have a link?), but judicial acceptance of even a plea tendered pursuant to North Carolina v. Alford requires a factual basis. Where is the factual basis for Sen. Craig's guilty plea?
Wasn't it for disorderly conduct, which basically means that he disagreed with a cop. I am sure that Craig did something that could be liberally construed as disorderly conduct.
Even if one assumes that Craig was in search of and fully intended to consummate something more intimate than a toe-tapping good time, what facts indicate that his conduct had ripened into a completed crime, or for that matter even an attempt, at the time of his arrest?
Which is why everyone was happy with the misdemeanor "contempt of cop" deal, until it became publicly known.
9.5.2007 2:18am
Tony Tutins (mail):
John H, you are late to the discussion. According to this restroom sex veteran, Craig did all but the last act necessary to complete the crime.

Similarly, prostitutes and johns are busted before either has a chance to expose their genitals.
9.5.2007 2:38am
Jerry F:
David Sucher: "In all seriousness, this statement is one of the most fascinating I have read about Craig. So much to unpack. Just to recap: you are saying that you don't believe Craign i.e. that he actually knew all along that he was gay but that he manfully, as it were, denied it so that he could pretend to be straight in order to vote anti-gay. And that's admirable? And healthy for Craig, his family etc?"

This is more or less right, although I would not use the word "anti-gay" (or anti-anything) to describe a pro-family voting record, and I also do not believe Craig identified himself as a homosexual, though I am sure that he was aware of having temptations to engage in homosexual conduct.

I am not sure if my statement is as "fascinating" as you think. Just because someone has homosexual urges does not mean that one cannot also believe that homosexuality is immoral. I would think that anyone sometimes has temptations to do something immoral. If Craig believed that homosexuality is immoral, what was he supposed to do? If anything, I would think that my position is more charitable toward homosexuals than that of social conservatives who are quick to point out hypocrisy and calling for Craig's resignation. I do believe that Craig was a hypocrite for lying to the police and the public, but not for the disgusting things he did in the bathroom. A more respectable way to handle the embarrassment would have been a Vitter-like admission of having committed a "grave sin", rather than a Clinton-like denial.
9.5.2007 2:44am
Jerry F:
Ralph: "I think the idea is that the social conservative agenda is a moral agenda, so Craig was standing up for morality even if he himself was, um, immoral."

I know very few social conservatives who would argue that having homosexual proclivities is in itself immoral if one does not act on them. So, I am not sure why one would characterize Craig as "immoral" prior to the incident, unless you assume that this is something that he used to do regularly.

Also, if you think my reasoning is strange, keep in mind that you probably follow the same reasoning with respect to pedophilia. Surely you do not believe that the pedophile who openly advocates child molestation is a better, more moral or less hypocritital person than the one who understands that these urges are wrong and disgusting and who is committed to never acting on them.
9.5.2007 2:56am
Syd Henderson (mail):
Sarah (mail) (www):
I think it's time for every high-profile American to go back to famous school and be reminded of the concept of disappearing for a while, waiting till everyone forgets whatever it was again, and THEN acting as though nothing happened in the first place. The disappearing for a while is the critical bit! I mean, Michael Jackson understands this principle. How hard can it possibly be?
9.5.2007 12:35am


Except when Michael Jackson reappears everybody remembers.
9.5.2007 4:17am
Hewart:
"This is disappointing because he is now acting indistinguishably from a Democrat."

Honestly, Jerry, unless you're getting paid to be a fulminating, water-carrying conservative media personality in the mold of Limbaugh or Malkin, it's difficult to imagine anyone making such a ludicrous statement and expecting to be taken seriously.

For anyone else who's actually been paying attention, it hasn't gone unnoticed that it's the Republicans who've had over three dozen scandals in 2007 so far.

"Acting like a Democrat," indeed.
9.5.2007 4:30am
Public_Defender (mail):
Stupid. Stupid. Stupid.

No, not the bathroom incident. It's stupid to hire a high profile D.C. lawyer to handle a plea withdrawal motion in misdemeanor court in Minnesota. If Craig were smart, he'd hire someone who knows the judge and prosecutor.

In cases like this, the guy in the bad suit who spends all his time in that specific misdemeanor court is more likely to get you a good result than anyone you ship in from out of town.
9.5.2007 7:18am
TokyoTom (mail):
PD, don't you suppose that the DC lawyer will do exactly what you suggest?

By the way, there's an interesting take on this by a commentator at Lew Rockwell.
9.5.2007 8:18am
Apodaca:
John Herbison:
I have not read the colloquy regarding the trial court's acceptance of Senator Craig's plea, (does anyone have a link?)
There was no colloquy per se. Craig submitted a signed plea petition by mail.
9.5.2007 9:00am
Public_Defender (mail):
PD, don't you suppose that the DC lawyer will do exactly what you suggest?

Not necessarily. Otherwise, why go on retainer? Any decent lawyer would be happy to refer a case to someone who can do it better. In fact, any decent lawyer would want to refer a potential client onto someone who can better handle the case.

I guess we'll see if your guess or my guess is right.
9.5.2007 9:04am
Anderson (mail):
PD's impression of the typical high-chargin' metro lawyer is close to mine; it's unfortunate to realize how much truth there is in the stereotype of the Big City Lawyer who swoops down upon a jurisdiction he despises in order to straighten them out about how the law "really" works. (I'm in Mississippi, and we see some of that. Pretty funny, if you're not paying $300 an hour for it.)
9.5.2007 10:00am
Houston Lawyer:
I believe he's been getting advice from Al Gore. I would love to have a tape recording of his concession retracting phone call to Mr. Bush.

Or maybe he's working on his Rosanne Rosanna Danna imitation.
9.5.2007 10:51am
TokyoTom (mail):
PD, I understand your points, but part of what Craig needs is spin in front of the press, public and politicos. Isn't THAT what he's retained the DC lawyer for? If the DC lawyer is worth his salt, he'll work with someone good in Minneapolis rather than directly step on local toes.
9.5.2007 10:52am
JBL:
This has got me thinking. Those we send to Congress are Representatives. As opposed to, oh, Avatars or Dopplegangers or Cardinals.

That is to say, strictly speaking we don't elect them to be like us or to embody some ideal or to believe anything in particular, we elect them to advance our interests in Congress.

So it could be entirely consistent for a homosexual to vote for anti-homosexual legislation without being a hypocrite - the claim is simply that if a Senator believes the people of his state want a particular law, he should vote for it regardless of his personal inclinations.

The odd thing is, a separation between a voting record and a personal life is something we frown on in senators - but we require it of judges.
9.5.2007 11:41am
Daniel San:
Public_Defender: In cases like this, the guy in the bad suit who spends all his time in that specific misdemeanor court is more likely to get you a good result than anyone you ship in from out of town.

Of course, this won't be the first time that someone hired a big dollar lawyer to mess up what the guy in the bad suit could have accomplished. How many criminal cases have you seen where the high profile lawyer (sometimes not an expert in criminal law) did something that made your jaw drop?

That said, sometimes the aggressive out-of-town attorney can do things that a local attorney is less likely to accomplish. (When I accomplish something like that, part of the strategy is to keep everything quiet). Depending on the procedural niceties involved, it may be necessary to do things that will offend the judge, the prosecutor, and maybe the local bar. It is usually more effective to stroke the prosecutor and judge to get this sort of thing done, but in a high profile case, it will be more difficult for them to cooperate, so it may take an out-of-town bulldog.

Of course, if it has to get ugly, Craig may offend his base even more. I hope his lawyer is a good diplomat. If he goes after judge or prosecutor, Craig may feel o.k. about it in the end, but no one else will.
9.5.2007 12:07pm
John Herbison (mail):
Thank you, Apodaca. The plea petition indicates whether the defendant does or does not does not have an attorney, but it does not apprise the defendant nor reflect his understanding that the right to counsel is of constitutional magnitude.

Without having researched Minnesota law, I have doubts as to whether this plea comports with the "intentional relinquishment or abandonment of a known right or privilege" standard of Boykin v. Alabama, 395 U.S. 238, 243, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), and Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938), regarding waiver of the right to counsel.

This one is going to be fun to watch. Pass the popcorn, please.
9.5.2007 2:05pm
SenatorX (mail):
Gays are bad mmmkay? The solution anyway is to stop state endorsed discrimination by getting government out of the marriage business. "Traditional family values" what a joke. While we don't want a socialist "equality for all" don't we want "equality for all in the eyes of the law"? If the government can't do that it needs to step back. Repressed hypocrites are just a small part of the bounty we get from such bad policy.

Also the thing that came to my mind about this was the security risk. I had a top secret sci clearance once and my understanding was that "closet homosexuality" was a risk for a security clearance. The obvious reason is that it provides leverage for blackmail.
9.5.2007 6:37pm
Public_Defender (mail):
The NYT reports today that Craig has hired both Minnesota and DC lawyers. I was wrong to assume that a single newspaper article would completely and accurately describe all facts.

My apologies to Billy Martin for implying that he would aggrandize himself at the expense of his client.
9.6.2007 5:27am
Gaius Marius:
By reneging on his pledge to resign, Senator Larry Craig is now putting his personal interest ahead of the interests of the GOP, the interests of the Senate as an institution, and most importantly, the interests of his constituents whom he can no longer serve effectively. It is irrelevant whether Senator Craig is a homosexual or not. What is relevant is that he was arrested for a crime and he pled guilty to such crime. Furthermore, he pled guilty after he had time to retain adequate legal counsel. Moreover, this is not a man without the means to obtain adequate legal counsel. At one point, an argument could have been sustained that because Senator Craig pled guilty to only a misdemeanor that he should remain in office. However, Senator Craig has gone far beyond the tipping point for being able to continue serving effectively as a U.S. Senator. If Senator Craig remains in office until 2008, he will become the straw that breaks the GOP's back in the 2008 elections.
9.6.2007 9:43am
Randy R. (mail):
Gaius: :It is irrelevant whether Senator Craig is a homosexual or not. "

That might be true for you and me. However, for a lot of people, including his consitutents, whether he is gay is very much relevant. And it is beyond doubt that it is relevant for the right wing base, upon which the Republican party rests.
9.9.2007 12:03pm