Craig wouldn't be this stupid, would he??

[maxrandb]

Yes, it's from our friends at "World Nut Daily", so I won't post a link, but their brilliant Constitutional Scholars seem to think the Constitution can save Craig.

From the Article:

"WASHINGTON – Sen. Larry Craig, R-Idaho, didn't have to plead guilty to sex charges stemming from a men's room encounter with an undercover cop in Minnesota.

All he had to do was hand the police officer a copy of the U.S. Constitution – the document the senator swore to uphold upon first taking office in Congress 27 years earlier.

There is little ambiguity in Article 1: Section 6, which clearly states no member of Congress can be arrested while traveling to or from official session.

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.

This may be what a high-powered legal dream team hired by Craig is telling him now. Late yesterday, Craig's staff hinted he may not honor his commitment to resign from the Senate effective Sept. 30.

The critical section of the Constitution states: "The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place."

Billy Martin, one of battery of high-priced lawyers for Craig, said the senator's arrest in an undercover police operation at a Minneapolis airport men's room "raises very serious constitutional questions.""

-----------------------------------------
This must be driving the Republicans crazy. They thought they were going to be able to hide this "crazy Aunt in the attic", and he's about to make the argument that the Constitution puts Senators and Congressman "above the law". Now, that's typical of the repuke mindset, but I don't think it will play in Peoria. I doubt if it would even play in a PA Turnpike Men's Room.

This is the gift that keeps on giving. I double-dog-dare them to use Article 1 Section 6 of the Constitution to save his sorry A$$!

[truebrit71]

1. NOW a republican finds out about that "damned piece of paper"...

...how very convenient....:eyes:

[TechBear_Seattle]

8. Yup. The Constitution is very convenient when they need it

And a damned nusiance when anyone else needs it. :eyes:

[Richardo]

2. His arrest was for creating a disturbance, right?

That's 'breaching the peace' and therefore an exception to Article I, as I see it.

[DefenseLawyer]

20. Kinda reminds me of Alice's Restaurant

He said, "What were you arrested for, kid?"
And I said, "Littering." And they all moved away from me on the bench
there, till I said, "And creating a nuisance." And they all came back, shook my hand,
and we had a great time on the bench.

[depakid]

3. That's actually a clever legal argument!

I doubt it's going to fly- but you'd get bonus points on an exam for bringing it up. LOL.

I sure hope he fights it out. He and the Republican party deserve each other.

[Lasher]

13. Yes it is.

But even if he manages to get his conviction overturned on this or some other technicality, the court of public opinion will not be swayed and he will be forced to resign under thread of ejection. I hope this drags on and on.

[dragonlady]

25. He should have raised this argument before he pled guilty

I have read that in Minnesota it is practically impossible to set aside a guilty plea. It's too bad that he didn't get legal advice before he made the plea, but that's just the way it goes sometimes. Nobody else would be allowed to withdraw a plea in this situation, and neither should he just because he's a senator.

[depakid]

30. Waiver

then again- incompetent counsel.

There's an old saying about that....

[dragonlady]

33. A defendant who represents himself

has a fool for a client? That would apply here. Craig's career was ranching, not law. He gambled on the chance that his case would remain undiscovered, which would not have happened if he had brought in lawyers to fight it. He lost that bet.

[Bicoastal]

4. Geez, is there ANYTHING this guy hasn't backtracked on?

I'm guilty! No, I'm innocent!

I'm resigning! No, I'm staying!

I'm gay! No, I'm a gay-baiting hetero!

Weeeell, as long as he doesn't change his mind about being Republican any time soon, I think we can expect a few more good popcorn moments from this guy in the weeks to come. :popcorn:

[maxrandb]

10. Heard some rightwing blowhard say the other day

that Craig should switch to the Democratic Party, as if we'd want the slimy hypocrite.

Funny that the Repugs finally find something in the Constitution to fight for, and it's a provision to allow them to escape regular justice.

I hope he goes down swinging. Perhaps next they'll recommend that the police officer be prosecuted for "false arrest". It wouldn't surprise me if they did.

[maxrandb]

12. I guess

it depends on what the "definition of guilty is".

This is tooooooo much. I find myself laughing so hard it hurts.

[AnnInLa]

5. Would he be so stupid

to cause a major, 24-7 distraction from bush's "Petreus Report?" Evidently. And, I might add, hilarious.

[ecstatic]

6. Why didn't that law work for Rep. McKinney? nt

[TechBear_Seattle]

9. She is a Democrat, duh!

The Constitution only applies to Republicans and their financial backers; no others need apply.

[murloc]

44. It DID

She was not arrested.

This privilege only protects the member from arrest. It does prevent them from being charged with a crime.

In the case of Craig, the officer could still charge Craig with the crime, however Craig had a "pass" from being arrested.

[Ganja Ninja]

7. He had just been caught in an embarrassing scandal and his ...

first thought was to try and keep it out of the press. Had he not been arrested he could have been issued a citation and not detained. He just wanted to get out of there with as little media attention as possible.

[FreakinDJ]

18. Yes he tried to slink away

slime ball

[Ian David]

11. "... except treason, felony and breach of the peace..."

Lewd behavior is considered a "breach of the peace."

[poverlay]

17. GREAT work everyone. THIS is why I come to DU. Nice to see it working properly. Thanks all! n/t

[Bake]

35. I'm sure the term has been defined in the caselaw.

One could argue that speeding, e.g., is a breach of the peace. I'm sure there are cases that define breach of the peace more clearly.

Bake

[POAS]

14. The exception here is that

he was charged with a felony but pled down to reduced charges.

They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest

[maxrandb]

19. Excellent point POAS

Isn't it troubling that someone would even think they could use the Constitution to put themselves above the law?

We need to make sure we paint the Republicans with this. Even if he doesn't fight his conviction on this shaky Constitutional ground, we need to make sure the American people know that the Repukes were "considering" it. That's damning enough in my book.

[Kelly Rupert]

28. I don't think lewd conduct is a felony n/t

[TahitiNut]

32. The charge that was dropped was a gross misdemeanor, not a felony.

:shrug:

[POAS]

34. I stand corrected n/t

[bullimiami]

15. but he is still a lying hypocrite and that makes him unfit for office.

[FreakinDJ]

16. Best he can do for the DEMs is fight it out

Flip Flop - Flip Flop - Flip Flop

Sex Scandle - Sex Scandle - Sex Scandle

Family Values --- BAWAHAHAHAHAHAHAHAHAHAHAHAHAAHAHAHAHA

[maxrandb]

21. Is it Karma

that the ad at the bottom of this thread was for convictionfree.com???

Some stuff you just can't make up.

[murloc]

46. Nah...Just google technology

that matches page content to advertisers.

[Nimrod2005]

22. Yes they are all dumb mother fuckers

[niyad]

23. I think he should go with this--a piranha feeding frenzy is always entertaining.

[WinkyDink]

24. If Craig thinks anything less than exoneration will clear this up, he is very mistaken.

[Kelly Rupert]

26. Wouldn't "disorderly conduct" count as a "breach of the peace?" n/t

[jzodda]

27. He should not resign

He should stay as long as he can, as this is a wet dream for the Dem party. The longer we can focus on these republican scandals the better. I can't wait till the cop has to come testify before some Senate committee.

[valerief]

29. Hurry up, Bush. Arrest him so he has no right to legal counsel! nt

[maxrandb]

37. You know...You're absolutely right!

All it would take to clear this up would be for the Justice Department to lock him up, manacle him in a "stress" position (perhaps an even wider stance), put underwear on his head, deny him access to a lawyer, play loud rock music at 100 decibels in a cell with a 24 hour spotlight...and then, perhaps Craig would give up the information that would either convict him, or clear his name.

It is the "American" Way afterall...

:sarcasm:

[TahitiNut]

31. Did Congress have a session in that airport restroom??

Wow. Wonders never cease! :dunce:

Too bad those lavatories on the plane wouldn't work for him - forcing him to do his "business" in the airport restroom between flights.
:eyes:

[KansDem]

36. Nothing makes a liberal out of a conservative faster than an arrest.

Then constitutional rights become imporatant...

[maxrandb]

39. Something tells me that

excusing cruising for random sex in public places is not what the Founding Fathers had in mind when they put this provision in the Constitution. I think it was more so that your political opponents couldn't have you arrested, or harassed while in the performance of your duties as a Senator or House member.

I could be wrong though...I've heard Jefferson and Franklin both liked to "get their groove on". I would have liked to party with those dudes.

[DemocratSinceBirth]

38. Isn't Disorderly Conduct Another Term For "Breach Of The Peace"

"They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place."

[maxrandb]

42. Well now, Disorderly Conduct

is another term for "the Republican Party".

[DemocratSinceBirth]

43. Sometimes "Disorderly Conduct" Is Referred To "Disturbing The Peace"

This is "much ado about nothing" but it would be beyond fucking hilarious if he actually changed his mind about resigning...

What a circus it would be...

[FredScuttle]

48. I'm actually starting to feel some sympathy for Senator Widestance

now, of course, this is mostly driven by ulterior motive...I'd love to see Craig's Last Stand at Little Big Stall obscure the Petraeus Report and all the other September PR bullshit that the Administration will be rolling out.

It is curious, though, to me that the Senate GOP is in such a hurry to throw this guy overboard over a misdemeanor, which would be unprecedented. Hell, they've got Senator Vitter right there who committed multiple misdemeanors in D.C. and Louisiana (but with a chick).

[DemocratSinceBirth]

49. He Is A Very Unsophisticated Man

But it would be hilarious if he doesn't resign....

Maybe there could be rallies in DC in support of him...

[FredScuttle]

50. No Justice, No Peace

"WHAT DO WE WANT?"

"A REACHAROUND!"

"WHEN DO WE WANT IT?"

"NOW"

They could borrow Porto-Potties from the last Freeper "Rally for the Troops" event.

[Major Hogwash]

40. Rightwing radio in Boise - get the fuck out now, Craig.

They are really pissed off now.
If you think last week was bad, this week they are totally incensed.

One caller said, "It was bad enough last week that we all had to hear how Larry was trying to connect with a cop to have gay sex by going into a restroom in an airport. But now after he said he was going to resign, he says he is not going to resign. I guess the same guy that bitched for 6 months about Bill Clinton parsing words, has found Bill's playbook. Does Larry think the word 'resign' depends upon what the meaning of the word 'resign' is. So, now I want to know if Larry knows what the word 'gay' means when he said he wasn't gay. Did Larry use the word to mean that he is not homosexual or did he use the word to mean that he is not happy. The guy is a joke, his word means nothing anymore. Yet, now he is making Idahoans look like complete morons by arguing over semantics."

[maxrandb]

47. Amazing how they just can't let go of Clinton, isn't it?

It's like the Big Dog has pissed in their Wheaties, or stolen their girlfriends.

If they want to talk about what the "definition of is, is", I'm free to talk about what the "definition of guilty is".

Talk about parsing!!!

[murloc]

41. He can still be charged with a crime

Just not arrested for it on his way to a session.

I imagine that had he used this trump card, it would have become public much sooner.

[maxrandb]

45. Here's the saddest thing of all

according to the article:

"There is little ambiguity in Article 1: Section 6, which clearly states no member of Congress can be arrested while traveling to or from official session.

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."

Maybe if he'd have just gotten a blow-job, he would have voted for cloture!

Another thing...since this happened on his way to work, do they have hand sanitizers on the Senate floor? They damn sure need them.