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Reversing Craig's plea won't be easy
San Jose Mercury News ^ | 9/5/07 | Joshua Freed

Posted on 09/05/2007 3:07:12 PM PDT by freespirited

The politics of being caught in an airport sex sting are tough enough for Sen. Larry Craig, but a legal fight against his guilty plea won't be any easier. The Republican on Wednesday relayed word that he would resign his seat by Sept. 30 only if he fails to withdraw last month's guilty plea to a charge of disorderly conduct.

Legal experts say it's tough to convince a judge to allow a guilty plea to be withdrawn, and that even if the tactic succeeds, it could backfire if it leads to a trial where the lurid allegations against the senator get a full public airing.

Craig has maintained he is innocent following his arrest by an undercover police officer who said the senator behaved in an airport men's room like a man soliciting sex. He has said he mistakenly pleaded guilty to simply make the case go away.

He has already been sentenced. He paid $575 in fines and fees, and has a 10-day suspended jail sentence hanging over his head during his one-year unsupervised probation if he commits the same offense again.

He also signed each page of a three-page guilty plea agreement. On page one, above his signature, are the words "I now make no claim that I am innocent of the charge to which I am entering a plea of guilty."

Craig had yet to file court papers on Wednesday seeking to challenge the plea in Minnesota.

"I think the odds are long," said Doug Kelley, a Minneapolis defense lawyer and former assistant U.S. attorney who was chief of staff to former Sen. David Durenberger. "I think he's got to show either that he was coerced into the plea, or that he didn't understand his legal rights at the time he signed the document acknowledging guilt."

(Excerpt) Read more at mercurynews.com ...


TOPICS: Government; News/Current Events; US: Idaho
KEYWORDS: 110th; craig; delusional; larrycraig
It's sounding like our only hope is a judge who won't let him withdraw the guilty plea.
1 posted on 09/05/2007 3:07:13 PM PDT by freespirited
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To: freespirited

Nobody gets it. It doesn’t matter if they revers his plea. How are they going to reverse the very public knowledge that he’s a pervert who trolls for homos in restrooms?

It’s over. He needs to go away (and probably get a blood test too).


2 posted on 09/05/2007 3:10:14 PM PDT by ElkGroveDan (When toilet paper is a luxury, you have achieved communism.)
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To: ElkGroveDan
It’s over. He needs to go away (and probably get a blood test too).

I agree...his wife needs one too. I don;t get why people don;t see this. Who cares if the plea is reversed? It doesn't change anything. I guess everyone forgets what effect Mark Foley had on last year's election.

3 posted on 09/05/2007 3:12:56 PM PDT by pgkdan (Tolerance is the virtue of the man without convictions - G.K. Chesterton)
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To: freespirited

I cant understand why the conservative talk show hosts want to go easy on this guy. He’s a friggin men’s room perv. That only a rung or two up the ladder from a child molester. I just dont get it......


4 posted on 09/05/2007 3:20:28 PM PDT by DogBarkTree (The correct word isn't "immigrant" when what they are doing is "invading".)
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To: freespirited

Right. He has to give up on the plea withdrawal idea although it is easier than the reporter says (surprise surprise). When someone enters these without a lawyer they are routinely granted leave to withdraw the plea especially if the person so requesting is now represented by a lawyer.


5 posted on 09/05/2007 3:22:01 PM PDT by shalom aleichem
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To: ElkGroveDan

I agree 100%. Having voted for Craig twice when I lived in Idaho, he should just resign and drift away.


6 posted on 09/05/2007 3:22:18 PM PDT by fightin bronco (Play Like A Champion Today)
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To: pgkdan
I guess everyone forgets what effect Mark Foley had on last year's election.

The "enlightened" Lindsey Graham wing of the Republican party begs to differ ... it was us benighted bigots who were the problem, then and now.

7 posted on 09/05/2007 3:22:44 PM PDT by RegulatorCountry
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To: DogBarkTree
I cant understand why the conservative talk show hosts want to go easy on this guy.

They're just following Reagan's 11th Commandment: "Never speak ill of another Republican." Which has to be the dumbest political aphorism ever. Witness "Glory hole" Larry.

8 posted on 09/05/2007 3:24:35 PM PDT by atomic_dog
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To: freespirited
Some body posted an article today that said according to the US Constitution, an elected law maker cannot be arrested going to or coming from a vote. I read it, it's there.

Now how could a stupid Democrat Congressman ie a Kennedy know this and a supposedly smart Republican Senator not know this?

Because he is a closet Queen, not a drug taking reprobate.

9 posted on 09/05/2007 3:28:23 PM PDT by rocksblues (Just enforce the law!)
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To: pgkdan

Some one posted earlier that the constitution forbids the arrest of a U.S. Senator. He should of been aware of that defense. But he wasnt thinking about the US Constitution when he was caught, his mind was on man love.


10 posted on 09/05/2007 3:28:28 PM PDT by Augustinian monk (Peace if possible, truth at all costs- Martin Luther)
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To: freespirited

Article 1 of the U.S. Constitution says no member of Congress can be arrested while traveling to or from official session except for treason, felony and breach of the peace

Craig was arrested just after 12 noon June 11. He cast a vote on a high-profile cloture motion on the Senate floor at 5:55 p.m. that same day.


11 posted on 09/05/2007 3:30:34 PM PDT by navysealdad
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To: Augustinian monk
But he wasnt thinking about the US Constitution when he was caught

He was thinking a quick guilty plea would mean his little toilet soireé would not get media exposure.

12 posted on 09/05/2007 3:31:53 PM PDT by RegulatorCountry
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To: freespirited
Go away, Larry.

It no longer matters what happened in that toilet, it only matters that you are hurting the conservative movement. You are a huge target for salacious blackmailing and whatever else the Lefties can get on you. Please do the right thing and fade away.

Think about it, Larry, Arlen Specter is your new “rabbi”. It doesn’t get any worse, pal.

13 posted on 09/05/2007 3:35:02 PM PDT by ishabibble (ALL-AMERICAN INFIDEL)
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To: Augustinian monk
Some one posted earlier that the constitution forbids the arrest of a U.S. Senator

I think they're wrong about that, but even still. Can you imagine being falsley accused of something like cruising a bathroom for sex and pleading guilty to a lesser charge. Knowing all along you did nothing wrong? There's NO WAY I'd let a charge like that stand. No way in the world. Now imagine you're a United States Senator...with all the power in the world to bring the full weight and power of the federal government to bear on this cop who dared to make that kind of an accusation. Were he innocent that cop's live would have been made a living hell. But, is that what happened? hell no!

14 posted on 09/05/2007 3:35:25 PM PDT by pgkdan (Tolerance is the virtue of the man without convictions - G.K. Chesterton)
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To: freespirited
Legal experts say it's tough to convince a judge to allow a guilty plea to be withdrawn

Gee, I thought all you had to do is tap your foot three times.

15 posted on 09/05/2007 3:39:11 PM PDT by colorado tanker (I'm unmoderated - just ask Bill O'Reilly)
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To: ElkGroveDan

I dunno. Could be.

Is it possible that he’s telling the truth and the cop is lying?


16 posted on 09/05/2007 3:50:06 PM PDT by D-fendr
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To: D-fendr
Is it possible that he’s telling the truth and the cop is lying?

It's not possible that Larry Craig is telling the truth, because he pled guilty. Was he lying then, or is he lying now? My bet is on now.

17 posted on 09/05/2007 3:54:38 PM PDT by RegulatorCountry
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To: freespirited

“It’s sounding like our only hope is a judge who won’t let him withdraw the guilty plea.”

If the judge is a democrat, I predict he will re-open this case. The airing out of Craigs actions will do more harm to the GOP, while the democrats sit back and watch the futher implosion of the GOP.


18 posted on 09/05/2007 4:18:33 PM PDT by tennmountainman
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To: D-fendr
Is it possible that he’s telling the truth and the cop is lying?

No.

19 posted on 09/05/2007 4:23:04 PM PDT by ElkGroveDan (When toilet paper is a luxury, you have achieved communism.)
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To: ElkGroveDan
Why he never even bothered to call a lawyer and explore his options is beyond me. Even brain dead Hollywood starlets have enough sense to get a lawyer when they run afoul of the law.
20 posted on 09/05/2007 4:32:28 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: navysealdad
and breach of the peace

'Disorderly conduct' is "breach of the peace".
21 posted on 09/05/2007 5:23:53 PM PDT by loboinok (Gun control is hitting what you aim at!)
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To: RegulatorCountry
It's not possible that Larry Craig is telling the truth, because he pled guilty

Unless he thought he could make it go away. There's no win in a trial for him. As the cops say, "You can beat the rap but you can't beat the ride."

If Craig mistakenly thought he could beat the ride by paying a fine... well he'd be an idiot, but still not guilty.

22 posted on 09/05/2007 8:43:37 PM PDT by D-fendr
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