Ex-Idaho senator: Bathroom trip official business

U.S. Senate Environment and Public Works Committee member Sen. Larry Craig (R-ID) questions witnesses during a hearing about the possible listing of the polar bear under the Endangered Species Act April 2, 2008 in Washington, DC. / Photo by Chip Somodevilla/Getty Images

(AP) BOISE, Idaho - Former Republican U.S. Sen. Larry Craig aims to fend off a federal election lawsuit against him by arguing his infamous June 11, 2007, Minneapolis airport bathroom visit that ended in his sex-sting arrest was part of his official Senate business.

Craig is hoping to avoid repaying $217,000 in campaign funds the Federal Election Commission claims he misused to defend himself.

The FEC sued Craig in June in U.S. District Court in Washington, D.C., alleging he converted the campaign money to personal use by spending it on his legal defense after he was accused of soliciting sex in a Minneapolis-St. Paul International Airport bathroom. The commission argues Craig's defense had no connection to his campaign for federal office.

Craig counters that money tied to his airport bathroom trip was for neither personal use nor his campaign, but fell under his official, reimbursable duties as senator because he was traveling between Idaho and the nation's capital for work.

He cites a U.S. Senate rule in which reimbursable per diem expenses include all charges for meals, lodging, hotel fans, cleaning, pressing of clothing — and bathrooms.

"Not only was the trip itself constitutionally required, but Senate rules sanction reimbursement for any cost relating to a senator's use of a bathroom while on official travel," wrote Andrew Herman, Craig's lawyer in Washington, D.C., in documents filed Thursday.

In its complaint, the FEC contends the three-term U.S. senator's campaign account, Craig for U.S. Senate, paid at least $139,952 to the law firm Sutherland, Asbill and Brennan in Washington, D.C., and $77,032 to Kelly & Jacobson in Minnesota for legal services related to his guilty plea to disorderly conduct.

An undercover officer said Craig tapped his feet and signaled under a stall divider that he wanted sex.

Regulators voted unanimously in May to pursue the complaint against Craig after informal negotiations failed. They are seeking repayment of the money, as well as fines of up to $6,500 from the former senator and his treasurer, Kaye O'Riordan.

Contacted Friday, FEC spokeswoman Judith Ingram cited pending litigation and declined to comment on the case.

Craig didn't return a phone call Friday to his lobbying firm, New West Strategies.

In documents supporting his bid to have the complaint dismissed, Craig cites the case of former U.S. Rep. Jim Kolbe of Arizona, who tapped campaign money in 2006 to defend himself after allegations of improper behavior emerged against him following a Grand Canyon rafting trip with two former male pages.

The trip by Kolbe, the second openly gay Republican to serve in Congress, was an official visit with support provided by the National Park Service.

The FEC concluded that Kolbe's use of the campaign money to pay legal expenses associated with a Department of Justice inquiry regarding the trip were "ordinary and necessary expenses incurred in connection with his duty as a House member."

Craig's lawyer argues that his airport bathroom visit, made while traveling back to Washington, D.C., from his home state, should be seen similarly — and the FEC complaint dismissed with prejudice.

"Simply put, no principled distinction can be drawn between the Kolbe matter and this case," Herman contends. "Sen. Craig's legal expenses arose during official Senate travel, an activity that was part of his constitutionally enumerated duties as a holder of federal office."

[jimatmadison]

He just wanted to practice some good 'trickle down' on that undercover cop.

[doubleecho-2009]

Shouldn't his Republican colleages be supporting some sort of "private fund" so that this EMBARRASSMENT would not take place? Com'n - he is making a completely mockery of the Republican Party!
So "soliticing sex in a public restroom" is NOW part of Republican "official business"?

[Lindag20]

Defending yourself from charges of improper activities in a bathroom is "travel expense"? Not in the world inhabited by the rest of the people. Give the money back Larry!!!

[matt6052]

Craig is right that his defense costs arose as a result of conduct during an official trip.

The divergence between his political views and his personal conduct was a matter for the voters and the senate.

Had he been given a traffic ticket in error while on official business then the rules would have permitted him to defend himself with campaign funds.

[jmn122736]

even if true, an inadvertent traffic ticket is a little different from an intentional act that is not inline with official duty, as in this case, or perhaps in the case of an intentional act of murder.

[doubleecho-2009]

You could very well be correct on that, and from a completely "legal" interpretation it may qualify! BEYOND that is just how much STIGMA it attaches to the Republican Party, when they use "loopholes" to cover illegal activity!

[talkin2u924]

What a fool...and the people elected this guy to represent them? Oh and every trip to the bathroom is official business for everyone or we'd have a lot of accidents in the world.

[jimatmadison]

I'm sorry, Mr Craig, but playing footsie with the undercover cop in the stall next to yours is NOT 'official business'.

[TJphoto]

A former Senator busted in a public bathroom, is now a lobbyist trying to keep campaign money. Love those "Family Values".

[nohater]

anyone remember that weiner is a democrat and he sent nude pictures of himself to females, never his wife, who didn't ask for them? his wife is sos hillary clinton's personal assistant of some sort. then there was bill clinton and his pleasures with monica lewinsky. so saying this is a republican thing, perversion, is not really accurate. as for craig, perhaps he is a closeted bisexual who might be married. or he is gay. for sure, he was brainless to be soliciting man sex in a public men's room but it probably goes on everywhere. wonder if females solicit women sex in the ladies restroom. nothing surprises anymore, nothing.

[Jaylah54200]

Soliciting sex in airport bathrooms is now considered official Senate business?????????????????

[w_roos]

I wonder which day this week he visited Chick-Fil-A.