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Interesting - Larry Craig could be exonerated due to the US Constitution

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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:14 PM
Original message
Interesting - Larry Craig could be exonerated due to the US Constitution
which the Rethugs repeatedly wipe their asses on!!!

http://blog.sunvalleyonline.com/index.php/bryanfischer/2141

Larry Craig’s Best Friend: The US Constitution

As word comes of Sen. Larry Craig’s reconsideration of his announced resignation from the U.S. Senate, it turns out that his best ally in getting rid of his guilty plea for his conduct in a Minneapolis airport restroom may be the United States Constitution.

If the senator had been a better student of the U.S. Constitution, his arrest may never happened at all, and if the U.S. Constitution is followed, as of course it should be, the senator’s arrest and guilty plea will have to be vacated.

This is because the Constitution, in a straightforward and unambiguous manner, states in Article 1, Section 6 that “Senators and Representatives. shall. be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same.” (emphasis mine) The only exceptions are for treason, felony and breach of peace, and the senator, of course, was charged with a misdemeanor.

Since the senator was on his way to Washington, and did in fact cast a vote on the evening of the day on which he was arrested, his arrest and subsequent questioning were, technically speaking, unconstitutional.

If the senator had flashed the Constitution at the officer as soon as the officer flashed his badge at him, the officer would have had no choice but to release the senator to go on his way.

This of course does not change the facts of the matter, or confer innocence on the senator. His guilty plea remains inexplicable if the senator had, as he insists, done nothing more than pick a piece of paper up off a bathroom floor. If that’s all he did, why would he plead guilty to anything? How does cleaning the floor of a public restroom constitute disorderly conduct, and why on earth would anyone plead guilty to such a charge if his actions were perfectly innocent? People might plead guilty to a lesser charge to avoid a more serious charge, but people just do not plead guilty in order to conceal innocent behavior.
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Most observers have overlooked one of the senator’s first statements to the arresting officer, “You solicited me.” That is an admission on the senator’s part that some kind of exchange of signals occurred between him and the officer. Further, if he was not familiar with the protocol used to arrange sexual liaisons, how did he know he was being solicited in the first place? Most of us had no idea of the process homosexuals use to arrange restroom trysts until we read about them in articles about the senator’s arrest.

What is also striking by its absence from the interview with the officer is any sense of outrage on the senator’s part that he had been falsely accused of soliciting anonymous gay sex, an accusation that would likely damage his reputation beyond repair and bring his public service to an end. An innocent individual falsely accused of such a charge would vehemently deny his guilt from the first moment.

If the senator had in fact entered a not-guilty plea, and refused to plead guilty to any illegal conduct, I would still be his advocate. Had he done so, we would have the testimony of just one witness - the arresting officer - which is not enough to satisfy the Judeo-Christian tradition’s rules of evidence, which include the principle that “by the mouth of two or three witnesses every fact is confirmed.”

I would have been the first to say that we all must wait until we have more evidence, and until another witness steps forward. However, the senator, by his guilty plea, became that second witness. It is hard to find two witnesses whose testimony would be more compelling and convincing than the testimony of a law enforcement officer with an impeccable record and a sitting United States senator.

The senator by his own admission had frequently been in that particular restroom, a restroom which is advertised on gay websites as a prime location for anonymous encounters, and is so far out of the senator’s way that he actually had to leave security to get to it, then pass through security checkpoints again to get to his next gate. It beggars belief that, in an airport with dozens of public facilities, he just happened to find himself in the one restroom in the entire airport noted for anonymous sexual encounters.

Further, the senator, as a frequent traveler, most likely had access to a VIP lounge for his use during layovers. His layover, according to press accounts, was from 11:30 a.m. to 1:00 p.m., in other words, over the lunch hour. Most observers will find it inexplicable that a traveler with access to free food and a comfortable and clean bathroom in an essentially private lounge would go out of his way to seek out a public bathroom.

It’s virtually impossible for an objective observer not to conclude that the senator was in that bathroom cruising for gay sex, that such conduct is unbecoming for a U.S. senator who represents the state of Idaho, and that it is still appropriate for the senator to resign from public office.

Idaho needs a senator who can devote his full energies to the task of representing his constituents, and the Sen. Craig is simply not in a place where he can do that.

Yet the senator apparently intends to fight ethics charges and seek to reverse his guilty plea. He has hired the same attorney who represented Michael Vick in his dog fighting scandal and the same press agent who spoke for Monica Lewinsky during her sex scandal with President Clinton.

And it turns out his best friend in the whole affair may be the chief legal document in American history.
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soothsayer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:16 PM
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1. let him stay and let his constituents decide. he's up for re-election next year.
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Johonny Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:19 PM
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2. Not exonerated
He could clear his record, but it's going to be hard to ignore the fact he previously agreed he was guilty. There's exonerated in the court of law and in public opinion.
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RufusEarl Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:20 PM
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3. Should we tell him to read the Constitution?
One would think with all those high priced lawyers, someone would have picked up on this little section of our constitution.
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MissB Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:20 PM
Response to Original message
4. Nope. He was charged with a felony.
Edited on Thu Sep-06-07 03:21 PM by missb
on edit: he pleaded to a reduced charge, a misdemeanor.
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rsdsharp Donating Member (516 posts) Send PM | Profile | Ignore Thu Sep-06-07 03:21 PM
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5. He pled guilty to disorderly conduct.
That sounds like breach of peace to me.
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:22 PM
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6. Nope. He had PAUSED his officially-required journey, and was taking a PERSONAL side trip.
Edited on Thu Sep-06-07 03:23 PM by dicksteele
Soliciting anonymous sex in a public restroom
is -not- part and parcel of the "traveling" process.
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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:24 PM
Response to Original message
7. Rather ridiculous interpretation of the Constitution.
A congressman can't travel back and forth from Washington, stop at a layover, accept a bribe, and get away with it.
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:37 PM
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8. "The senator by his own admission had frequently been in that particular restroom..."
Edited on Thu Sep-06-07 03:38 PM by TahitiNut
Craig must be a very unfortunate traveler, indeed. The poor guy connects between flights in MSP and he's had to suffer through being a passenger on an incoming flight with no working lavatories! The horror! I just can't imagine the suffering he's gone through unable to use the airplane lavatory and having to rush to the airport restroom in between flights, not even being able to wait and use the outgoing flight's lavatory!

This travesty of service by this nation's airlines MUST be corrected! We just cannot tolerate so many out-of-service airplane lavatories!!

... no matter how lonely some folks might be in using them ... and their small floors that don't allow folks to stand wide.


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King Coal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:45 PM
Response to Original message
9. What Larry has to do is prove that he really did have to poop.
If he can prove he really did have to poop, he can prove that he was tapping his foot becaues he had to go bad, and his bowels needed juggling in order to move. If he really did have to poop, he could prove that he really did have to pick up some toilet paper off the floor. If he really did have to poop, he could explain that he thought the cop in the next stall knew that he must need for him to be handed some more toilet paper, because the little bit he picked up off the floor would surely not be enough. The question really is, how can he prove that he really did have to poop.
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obnoxiousdrunk Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:50 PM
Response to Reply #9
10. Can't do that
remember he didn't flush.
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King Coal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 04:10 PM
Response to Reply #10
11. Sure he can. He doesn't have to prove he pooped, just that he had to poop.
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soothsayer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 04:56 PM
Response to Reply #11
12. if he didn't have to before, I'll bet he SURE had to after!
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-07-07 09:04 AM
Response to Reply #11
13. Your theory has one little obstacle--Craig's pants.
Edited on Fri Sep-07-07 09:52 AM by rocknation
If he had to poop, don't you think he would have pulled them DOWN?

But seriously, folks, The Judeo-Christian tradition says “by the mouth of two or three witnesses every fact is confirmed?” Well, getting around THAT is a simple as making sure there AREN'T any witnesses when you commit a crime--which is probably why the Constitution's authors preferred the "rule of law" tradition.

Had there been a trial, the question would have been whether to believe the cop or Craig. Since he sought out the bathroom and knew all the signals, Craig's problem is that there's NO REASON to believe him. And if the judge allowed any of Craig's previous accusations to come into evidence, that would put the final nails in his coffin. Craig understands all that, of course. THAT'S why he took the plea deal--and more important, that's why he risked making himself vulnerable to blackmail by not telling anyone what had happened.

:evilgrin:
rocknation
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