Tag: Larry Craig (page 2)

Update: Sen. Craig's motion to withdraw his guilty plea is available here.

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The Idaho Statesman reports Larry Craig's motion to vacate his guilty plea have now been filed. CNN has more. I'm waiting to find a copy and will post them when available.

Some reported quotes:

“While in this state of intense anxiety, Senator Craig felt compelled to grasp the lifeline offered to him by the police officer; namely, that if he were to submit to an interview and plead guilty, then none of the officer’s allegations would be made public,” said the documents filed in Hennepin County District Court.

“Thus, rather than seek legal advice from an attorney to assist him in publicly fighting these charges and potentially protract the issue, Senator Craig’s panic drove him to accept a guilty plea, the terms of which offered him what he thought was a private, expeditious resolution of this matter,” the papers said.

Craig’s filing argued that his guilty plea was not “knowingly and understandingly made.” It also argued that the evidence was insufficient to support the plea as a matter of law.”

Larry Craig's lawyer Billy Martin said today he will file papers with the court in Minnesota tomorrow seeking to withdraw Craig's guilty plea.

Martin would not disclose the grounds, but said he was not concerned about Craig's political survival.

My job is to get him back to where he was before his rights were taken away," Martin said.

I'm still thinking, as I've been since August 30th, that the principal ground will be that the plea form (pdf)Craig mailed in did not advise him of his right to counsel. (Video here, about 3 minutes in.)

As other grounds, there's the argument that the facts he admitted to don't constitute a crime and in my view, a much weaker argument that he was illegally arrested because he was on his way to vote in DC and the Constitution prevents lawmakers from being arrested on their way to a vote.

Update: CNN has more, including statements from a source hinting at the grounds. All grounds will go to his plea not being made intelligently and knowingly because of his rights' violations.

Could this help Larry Craig? A three judge panel in California reversed a conviction yesterday for soliciting sex in a men's bathroom:

[T]he ruling, which threw out the conviction of Stephen Lake, 51, did not address whether the bathroom stings were discriminatory because they targeted only homosexual activity. Instead, judges Donald Black, Kent Levis and Debra Kazanjian ruled that prosecutors did not establish that someone was likely to be present who would have been offended by Lake's conduct, an element needed to prove a crime took place.

Criag was charged with this section (pdf) of the disorderly conduct statute:

(3) Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

The factual basis for his guilty plea (pdf) was that he engaged in conduct he knew or should have known "tended to arouse alarm or resentment of others."

Could the prosecution have established, as they failed to do in California, that someone was likely to be present who would be alarmed or feel resentment by Craig's toe-tapping and hand movements?

Another question: Will Craig raise the issue that the sting is unconstitutional because it only targets homosexual behavior?

The latest twist and turn in the Larry Craig resignation saga: He's getting ready to leave by September 30 after all.

Sen. Larry Craig has all but dropped any notion of trying to complete his term, and is focused on helping Idaho send a new senator to Washington within a few weeks, his top spokesman said Thursday.

The only exception would be a court ruling by September 30 vacating his guilty plea.

My translation: His motion to vacate the plea and sentence will be on more than one ground and at least one of them cannot be determined from the face of the documents and will require a written response and possibly a hearing. That is unlikely to occur within the next three weeks.

If Craig was only going to complain about the failure of the plea form to advise him of his right to counsel, I think he could get a ruling by Sept. 30. But if he is also going to argue that the facts he admitted to don't constitute a crime, the prosecutor will want to file a brief in opposition and the court may want to hold a hearing.

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Sen. Larry Craig told Sen. Mitch McConnell today he will finish out his term in the Senate if he's successful at getting his plea withdrawn.

Senate Minority Leader Mitch McConnell (R-Ky.) told reporters that he spoke with Craig this morning. Craig told him that if he could "dispose" of the guilty plea he made last month after being accused of soliciting sex in a Minnesota airport men's room, "it would be his intention to come back to the Senate and deal with the Ethics Committee case . . . and to try to finish his term."

"He is going to try to get the case in Minneapolis dismissed," McConnell added.

I'm sticking by my earlier comments that his guilty plea was defective for failing to advise him of his right to counsel and contain an acknowledgment by him that he understood the right and was waiving it. Minnesota law is very clear on that. His guilty plea form is here.

It shouldn't even require a hearing. A Judge could grant the motion based on the paperwork. I won't be surprised if the prosecutor confesses the motion. I also think Craig's statement to McConnell is based on Billy Martin thinking there's a good chance the Judge will rule on his motion to withdraw the plea within the next three weeks.

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I've opined several times that Sen. Larry Craig's plea might be withdrawn because the mail-in plea agreement he signed failed to advise him of his right to counsel. Attorney Beldar points out that Minnesota has a form for defendants who want to plead guilty pro se. Beldar notes, however, there's been no reporting that Craig submitted such a form. Maybe a reporter or lawyer in MN could check the file?

Meanwhile, World Net Daily comes up with another defense for Sen. Craig: Article 1: Section 6 of the U.S. Constitution provides that no member of Congress can be arrested while traveling to or from official session. Craig voted on a bill in Washington at 5:55 pm, which raises the clear inference he was traveling from MN to D.C. to vote.

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Bump and Update: Check out the voicemail Sen. Larry Craig left for his lawyer Billy Martin "on a stranger's phone" minutes before his resignation speech. Roll Call obtained the voicemail after it was offered for sale and refused by the Idaho Statesman. McJoan at Daily Kos posts the entire transcript.

Update: Here's the audio of the call from Roll Call. Sounds more like an answering machine than a voicemail to me, although I don't know it makes a difference.

This story keeps getting weirder by the hour.

"Yes, Billy, this is Larry Craig calling. You can reach me on my cell. Arlen Specter is now willing to come out in my defense, arguing that it appears by all that he knows that I have been railroaded and all that.

"Having all of that, we have reshaped my statement a little bit to say it is my intent to resign on Sept. 30. I think it is important for you to make as bold a statement as you are comfortable with this afternoon, and I would hope you could make it in front of the cameras.

"I think it would help drive the story that I’m willing to fight, that I’ve got quality people out there fighting in my defense, and that this thing could take a new turn or a new shape, it has that potential. Anyway, give me a buzz or give Mike a buzz on that. We’re headed to my press conference now. "Thank you. Bye."

Dan Whiting, confirms the voice is Craig's. Here's the statement Billy Martin released Saturday.

So who did Craig call? Did someone close to Martin sell him out or did he really dial the wrong number? I wonder what the recorded message said on the phone Craig left the voice-mail on. He's not stupid. If it was "Hi, this is John, please leave me a message" he wouldn't have left that message. Something had to indicate to Craig he was calling Billy Martin. No way would Billy Martin have leaked the message. So, who is Roll Call protecting? My theory is below.

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Raw Story reports that Sen. Arlen Specter said on Fox News Sunday that Sen. Larry Craig should use the time between now and Sept. 30 to withdraw his plea and fight the case and not resign as planned.

Specter notes that Craig didn't resign, only stated his intention to step down.

"I'd still like to see Senator Craig fight this case. "He left himself some daylight Chris, when he said that he intends to resign in 30 days. I'd like to see Larry Craig go back to court, seek to withdraw his guilty plea and fight the case.

"I've had some experience in these kinds of matters since my days as Philadelphia district attorney, and on the evidence Senator Craig wouldn't be convicted of anything, and he's got his life on the line and 27 years in the House and the Senate and I'd like to see him fight the case 'cause I think he could be vindicated."

RS also provides the video.

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Sen. Larry Craig has retained Washington lawyer Billy Martin to determine his options in his Minnesota disorderly conduct case.

Martin most recently represented NFL player Michael Vick in his dog-fighting case. He also represented Monica Lewinsky's mother in her grand jury appearance.

Martin says:

Martin said, "The arrest of any citizen raises very serious constitutional questions, especially when that citizen says that he is innocent and pled guilty in an attempt to avoid public embarrassment.

Senator Craig, like every other American citizen, deserves the full protection of our laws. He has the right to pursue any and all legal remedies available as he begins the process of trying to clear his good name."

Update: Transcript is here while Crooks and Liars has the video.

Update: 12:30 pm. He's walking to the podium, his wife and family are with him. The Governor is present too.

First and foremost, let me thank my family for being with me (family claps loudly.) For any public official to be standing with Larry Craig at this point in time is a humbling experience.

He's grateful for the opportunity to serve the people of Idaho. He's proud of his record and accomplishments. He chose to serve because he loves Idaho.

To Idahoans, his staff and family: I apologize for what I have caused. I'm deeply sorry. I have little control over what people choose to believe.

To pursue my legal options as I continue to serve Idaho would be too distracting. There are many challenges facing Idaho now and the people deserve someone who can devote 100%.

With sadness and deep regret I will resign Sept. 30th. (Big cheers.) He hopes to allow a smooth and orderly transition of his staff.

I apologize for being unable to serve out a term to which I have been elected.

He and his wife are humbled by the tremendous outpouring of support he's received from everyone (lists different groups of people.)

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The Idaho Statesman reports that Sen. Larry Craig will make an announcement about his future Saturday.

Idaho's Governor has already decided on his successor:

Gov. Butch Otter already appears to have settled on a successor: Lt. Gov. Jim Risch, according to several Republicans familiar with internal deliberations.

Update: CNN reports he will resign, effective September 30th.

CNN reports Sen. Larry Craig may resign today.

Fox News reports:

The Republican National Committee has warned Sen. Larry Craig privately that if he does not resign, the party will not provide him financial support in the upcoming election and it will recruit a Republican opponent to run against him.