by John M. Curtis
(310) 204-8700

Copyright September 5, 2007
All Rights Reserved.

rying to un-ring the bell, Sen. Larry Craig (R-Id.) wants his conviction for “disorderly behavior” reversed, believing he was railroaded by a zealous vice cop in the Minneapolis airport. Craig was arrested June 11 for allegedly soliciting a sex act from an undercover vice officer, apparently bumping feet and giving some arcane hand-signals while sitting behind closed doors in the airport's men's room. To spare himself embarrassment and a court date, Craig pled guilty Aug 8 to “disorderly conduct,” paid $1,000 in fines, $575 in court costs and agreed to one year unsupervised probation. “He's fighting this. He is innocent, and he believes that there's a good chance that he eventually will have this charge overturned and that the Ethics Committee won't act against him,” spokesman Dan Whiting told WTVB-TV in Boise, believing Craig was coerced into the plea deal.

      Vice officers around the country routinely hang out in public bathrooms entrapping otherwise vulnerable gay people. While Craig claims he's not gay, there's no proof to the contrary. Whatever his proclivities, his behavior didn't rise to a criminal offense, making his plea deal all the more inexplicable. Craig was obviously so mortified by the experience and expectation of career-ending publicity, that he thought he could bury the incident with a quick plea deal. Law enforcement sometimes pressures suspects into false confessions by threatening draconic consequences. Arresting officer Sgt. Dave Karsnia claimed that Craig's “foot-tapping” signaled a sexual overture. He “recognized as a signal used by persons wishing to engage in lewd conduct,” saying more about Karsnia than Sen. Craig. Nowhere is lewd conduct defined as “hand-signals” or “foot-tapping,” no matter what the expectations.

      Craig's mental state at the time of his arrest and plea deal indicates some seriously misplaced guilt. Hand-signals or foot-tapping are not substitutes for lewd conduct, defined by exposure of one's genitals. Nowhere on tape or in the arrest report does Karsnia indicate that Craig exposed himself. Karsnia leapt to the unwarranted inference that “foot-tapping” or unintelligible hand-signals translates into lewd conduct. CNN legal analyst Jeffrey Toobin doubted that Craig could get his plea deal overturned, insisting he would have to show undue pressure or influence. “So that makes it hard for him to change his mind now,” said Toobin, forgetting, in entrapment cases, vice cops pressure suspects into false confessions. In Craig's case, he pled guilty to “disorderly conduct,” believing, wrongly at the time, that fighting the charge would cause more damage to his career.

      When Sen. John McCain (R-Ariz.), a presidential candidate, called immediately for Craig's resignation, he cited the fact that he simply pled guilty to “something.” Most elected officials can plead guilty to “something,” whether alcohol, drug or domestic abuse, without costing them their careers. Craig's “foot-tapping” or “hand-signals” had nothing to do with his senate job and doesn't qualify as lewd conduct or anything else. McCain and others in the GOP want Craig to disappear, especially during an election year where Republicans are behind the eight-ball. “On the evidence, Sen. Craig wouldn't be convicted of anything,” said Sen. Arlen Specter (R-Penn.), a member of the Judiciary Committee, believing that, on the case's merits, Craig did nothing criminal: Possibly stupid or ill-advised but nothing illegal. Making enemies with his Party, Specter urged Craig to fight the charges.

      Craig's blunder involved not letting his attorney handle the Minneapolis men's room incident. Whether Craig eventually gets vindicated is anyone's guess. His prospects of salvaging his senate career are far worse than proving he was coerced by Minneapolis vice officer and police into an unfortunate plea deal. “My boss has not been informed that there is anything that has changed since Saturday,” said Idaho Gov. Butch Otter spokesman Jon Hanian, proceeding with efforts to find a replacement for the three-term U.S. senator. So far, there's been no legal papers filed to seek a reversal of Craig's plea bargain. GOP officials are proceeding with Craig's replacement, despite Craig's attempts to salvage his job. What Craig doesn't get is that he's become radioactive to the GOP, seeking, at all costs, to put the matter to rest. Fighting the charges hurts the GOP keeping Craig in the headlines.

      Had Craig beaten his wife or got arrested for D.U.I. he'd be a lot better off than explaining why he was playing footsy in a public restroom. Whether he likes it or not, he's become this year's Mark Foley, the House member best remembered for soliciting underage Congressional pages. “I think this episode is over,” said Sen. Minority Leader Mitch McConnel (R-Ken.), hoping Craig would disappear. “We'll have a new senator from Idaho at some point in the next month or so, and we're going to move on,” prayed McConnell, knowing the tough road ahead in the '08 elections. Whether McConnell or McCain face the facts, Craig did nothing so unforgivable to rehabilitate his life. Salvaging his senate career is an uphill battle, explaining why he pled guilty to “disorderly conduct.” Even if Craig clears his name, he'll be remembered for playing footsy behind closed doors in the Minneapolis airport's men's room.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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