Defendants often plead to an amended charge that doesn’t fit the conduct alleged to avoid risking a conviction of the original charge. Since Disorderly Conduct doesn’t have the sexual connection, the senator was sure it would look better than the original solicitation charge. You bring up a good point on the solicitation charge-I know of no solitation charge that doesn’t have an illegal activity as the target of the solicitation. If they could prove he was soliciting public lewdness, it would be a crime. But how do they prove the intent wasn’t to go and get a room? In busting prostitutes, an act and a price have to be verbally confirmed (the crime is sex for money). It seems that the detectives in the airport would have to get an agreement to perform an act in the airport john before there’s a crime. Just the solicitation is inchoate and the supposed target activity may not be criminal at all. The whole sting operation, if it doesn’t result in an agreement to violate the law, may be bogus. I’m a prosecutor and I don’t know the answer, if we’re getting the whole story.
Your questions about the inchoate nature of the sting reveals just how fundamentally unconservative these bathrooms sting operations are and how dangerous they can be.
Craig pled to disorderly conduct because they had him by the balls even though I see nothing in his conduct which constitutes lewdness, solicitation, or disorderly conduct. They had him because he was exposed as a bathroom pervert. But that is not a crime unless you act lewdly, solicit, or act disorderly.
I'm not one, and I hope that there's more to the story...because if this is the story, we've been played once again for idiots. The spectacle of GOP Senators denouncing and demanding resignation from one of their own for some very confusing and ambiguous charge of playing footsie--that there were no words exchanged between the undercover toilet cop and the perp, much less physical contact---if this is all there is, we've just weakened our position in the Senate for practically nothing.
Supposedly we tolerate homosexuality in the GOP, even in the most conservative state of South Carolina. "Minding one's own business" etc. South Carolinians who voted for Lindsey Graham had a strong suspicion that he's probably not straight. As long as he did not choose to make his alleged preferences a problem for his constituents, even this southern buckle on the Bible belt was willing to mind it's own business. He's proven only to represent one constituent--John McCain.
But I digress. Is Craig a lawyer? His huge error was in not calling a lawyer after his arrest. He looks to be in heavy denial in what trouble one can get into when accused of some absurd crime. Plead to a lesser charge and expect it to go away? A stupid moment and he'll pay dearly.
But I'd like to know--if we are in the business of tolerating homosexuality, won't we come out losers in the long run for throwing Craig under the bus for a suspicion of homosexuality, when no words were exchanged and no physical contact involved?
I guess Lindsey Graham will call us bigots again. LOL. Where is Little Lord Lindsey on the Craig debacle, anyway?