Sen. Craig: Hand Signals Protected Speech

Seeking To Nix Guilty Plea, Lawyers Say Act Wasn't Criminal Since It Didn't Involve Multiple Victims

(AP)  Seeking to have his guilty plea in a bathroom sex sting erased, the attorneys for Sen. Larry Craig of Idaho argue in a new court filing that the underlying act wasn't criminal because it didn't involve multiple victims.

An appeals brief filed Tuesday contends that Minnesota's disorderly conduct law "requires that the conduct at issue have a tendency to alarm or anger 'others"' - underscoring the plural nature of the term.

Craig's brief goes on to cite other convictions that were overturned because the multiple-victim test wasn't met. His lawyers apply the same logic to his case.

The Republican senator pleaded guilty in August after his arrest two months earlier at the Minneapolis airport. It was part of a broader undercover push targeting men soliciting sex in public restrooms.

Craig was arrested June 11 by an undercover officer, Sgt. Dave Karsnia, who said Craig tapped his feet and swiped his hand under a stall divider in a way that signaled he wanted sex. Craig has denied that, saying his actions were misconstrued.

"Appellant's alleged conduct in this case affected only a single individual - Sergeant Karsnia," the Craig brief says. "It did not - and could not affect 'others' as the disorderly conduct statute requires, and therefore, does not satisfy that element of the statute."

The brief also argues that Karsnia himself could not have been offended by the alleged conduct because "he invited it." The alleged conduct, Craig's lawyers added, doesn't rise to the level of being "offensive, obscene, abusive, boisterous or noisy."

Craig's earlier attempt to withdraw his plea was turned down by a district court judge, and the case is now before the Minnesota Court of Appeals.

Besides attacking the law he was prosecuted under, Craig's legal team argues that the hand signal allegedly used to communicate a desire to engage in sexual conduct would be constitutionally protected speech. They also say the plea is technically flawed because it lacked a judicial signature.

Patrick Hogan, a spokesman for the Metropolitan Airports Commission, which oversees the Minneapolis airport and which brought the charges, said he was confident the guilty plea will stand.

"Facts are resilient, and Sen. Craig's continued, transparent efforts to escape them don't change the truth of his behavior in an airport restroom or the fact that he admitted guilt last August," Hogan said.

Prosecutors have 45 days to respond, and then the case will be scheduled for oral arguments. Once heard, a ruling is required within 90 days.

Craig has said he will finish his term, which ends in January 2009.

[denn034]

Is my middle finger protected speech?

[denn034]

Emphasize gay abstinence not promoting AIDS infections or banning is the better approach.

[hypnotoad72]

If only other men didn''t vacuum it up in the airport restroom and proving what pride and culture they have, then Craig would never have been, uh, outed...

Don''t blame me, George Michael called (doing it) in public bathrooms part of the culture. He''s gay so it counts. Anyone not gay saying the same thing would be called "homophobe". Weird.

Meanwhile, Ricky Menudo Martin, who used to go around saying it''s nobody''s business what people do, officially came out some time ago too. Needed 15 more minutes of fame, or wanted to flip flop as well? If it''s nobody''s business, why did he open his yap for reasons other than the obvious?

[kansas1946]

I think this whole thing is nonsense in the first place. If the airport was having problems with this particular restroom, why didn''t they just have uniformed security or police officers up their presence or post a sign that there had been complaints and that the restroom would be monitored. Why spend the time and money with these stupid sting operations that only server to embarrass people.

[stevex47]

How does republican "leadership" allow this nutjob pervert criminal to stay in the headlines?

Ya, vote republican. Good idea.

[brianp55]

I see. So if I solicit services from a hooker who turns out to be an undercover cop, I can claim that I am simply engaged in an expression of my Fifth Amendment rights.

[ms38654ob]

I got a hand signal for this creep! Can anyone guess what it is? - ps. it''s protected speech...

[fairandbal]

The Gay Senator Craig should be allowed to wed the man of his dreams just like any other couple in America.

[ringading3]

This would be hilarious, if it was not so sad. Seems the Lawmakers are exempt from the Laws. Craig you are a creep!

[libsluvsuvs]

Posted by brianbwb at 12:14 AM : Jan 09, 2008
+ report abuse

*********

i think i can trash talk a liberal till the day I die..do i not have the freedom to do so??? craig pleaded guilty trying to commit an act that is HOMOSEXUAL..homosexuality is an issue that liberals are trying to protect..am i correct?? then why are most liberals oppose to him doing a homosexual act??

its like religion..liberals are big athiest fan..but majority of liberals that linger around here are big avid muslim fan as well...you know why??

[libsluvsuvs]

Posted by brianbwb at 12:14 AM : Jan 09, 2008
+ report abuse

*****************

choose your issues and stick with it..dont flip flop just because you dont like the person involved..

[michellem99-2009]

My new stepMum told me the line *think before ye open yer mouth.* I called her cause I needed to talk and needed her advice. I perfer to not use public rest rooms if I don''t have to. They are dirty.

[pfd572]

libsluvsuvs: P.S. I''d debate you anytime, anywhere, with no sleep, low-blood sugar and a headache and I would still have you crying and begging for mercy.

[Con Mohrat]

Larry Craig said those gestures were protected "speech".

Promising to resign if found guilty was protected speech.

Reneging on the promise was protected speech as well.

[mick7744]

It was really just a sting operation by a courageous Senator Craig to expose the vice, sin & perversity at Minneapolis Airport.

Isn''t that what Republicans do best...point out sin in others?

They''re all just a bunch of bible-thumping thieving hypocrites...pathetic yes men to the deserter-in-chief!

ALL MEMBERS OF THE REPUBLICAN PARTY SHOULD BE VIGOROUSLY PROSECUTED AS MEMBERS OF AN ONGOING CRIMINAL ENTERPRISE!

[keithle1]

Just come out of the closet already.

[keithle1]

Real simple, Republicans. Don''t shove the bible down our throats. Don''t act like your the sole guardians of morality & decency.

[jsilver2th]

If he didn''t do it, how could it be protected speech?

What difference does it make if he gets the plea withdrawn or not?

Mitt Romney already threw him under the bus and he''s not getting reelected in Idaho or San Francisco...

[jowand]

Posted by dakotaclark at 02:00 AM : Jan 09, 2008

King James wasn''t "the famous bible editor" go crawl back under your rock.

[mcvet]

Wouldn''t it be great to be having a debate, in a VERY healthy economy while our troops were housed in US Base''s IN America, about a stain on a dress? Yet again America has seen what happens when you attempt to use the Government to inforce YOUR Moral''s. Snake Oil Salesmen like Craig are all around us and they will sell you the snake oil IF you are willing to buy it. Sieg Heil and Amen

[honestabe8]

sure is fun to see him squirm.

[quetzal666]

hahahahahahhahaahahha................
hes a baptist correct?
Heres my middle finger as protected speech mister gay
republicon!!!!

[cyberus-2009]

Sad .. got caught now trying to get out of it on technicalities. So much for the *values* party.

[ioweign]

The brief also argues that Karsnia himself could not have been offended by the alleged conduct because "he invited it."


The police officer "invited it" and Craig responded.

Hmmm...

[antoniof123]

Like all good slime they split hairs and think we don''t know.

[barbaraf4]

Has his wife left him yet?

[hungry1968]

Sad .. got caught now trying to get out of it on technicalities. So much for the *values* party.

Posted by cyberus at 09:30 AM : Jan 09, 2008



The GOP hasn''t had any legitimate values since Eisenhower left office in 1961.

This president is thoroughly incompetent - to say the least.

Bush 41 and Reagan provided weapons, ammo, and training to Iraq, Iran, and the Taliban in addition to ruining our economy.

Ford pardoned Nixon, which sent a clear message - "Presidents will NOT be held accountable for their actions - whether the break the law or not."

Nixon was the most corrupt and colluded politician ever (up to that point in time).

[talkingham]

I have a hand signal I''d like to show him.

[omega39-2009]

Sen. Craig: Hand Signals Protected Speech

I believe Thomas Jefferson devoted an entire article of the US constitution to the rights of toe tappers and said rights shall not to be tapped....er I mean infringed on.

[cepe10-2009]

The prosecutors office here does not know what a real crime is or how to prepare legal documents. Hogan is incompetent and should be sweeping the streets.

[iceman_1960]

"Sen. Craig: Hand Signals Protected Speech"


The judge should give him the finger.

[kissamaarse]

GOP: Gay Odd People

[kattyclayz]

Every time I read a sentence containing the words "Craig & brief" All I could think about was underwear. I don''t know if he''s a closet "person" or not, but it sure doesn''t look too good for him saying that, "Yeah, I gave hand signals that would indicate that, but it was only to one person and not PEOPLE as the law states." I guess if it''ll get him off then he''ll try anything to get an overturn, even not deny it, just find another way around it, but it kinda shows me more guilt feelings than innocence.

[Con Mohrat]

The GOP hasn''''t had any legitimate values since Eisenhower left office in 1961.

This president is thoroughly incompetent - to say the least.

Bush 41 and Reagan provided weapons, ammo, and training to Iraq, Iran, and the Taliban in addition to ruining our economy.

Ford pardoned Nixon, which sent a clear message - "Presidents will NOT be held accountable for their actions - whether the break the law or not."

Nixon was the most corrupt and colluded politician ever (up to that point in time).
Posted by hungry1968 at 10:00 AM : Jan 09, 2008

~~~~~~~~~~~

True, Eisenhower did his part along with the Soviet Union and overran the Nazis. He saw the German autobahnen and began the U.S. intersate system too.

BUT, when the General Secretary Nikita Khrushchev was about to end the cold war in 1960 at a scheduled meeting with Eisenhower, Eisenhower allowed a CIA spy, Gary Frances Powers to fly, (with his poison pill if caught), from Peshawar, in Northern Pakistan to Bodo, Norway to spy with his U-2. He was shot down at Sverdslovsk, Russia, captured alive with his fancy cameras, and didn''t swallow his pill.

Khrushchev asked Eisenhower about the plane, and Eisenhower repeatedly lied about a weather plane lost. The meeting was cancelled, and the cold war continued for another 31 years, at huge expense.

EISENHOWER WAS INFINITELY WORSE THAN OUR LAME DUCK.

[hungry1968]

EISENHOWER WAS INFINITELY WORSE THAN OUR LAME DUCK.

Posted by Vet1971 at 11:40 AM : Jan 09, 2008



There is absolutely NO ONE WORSE than Bush in American presidential history.

And he''s quickly climbing the list of all-time world''s worst leader.

[knyghtwolf]

Amazing how CBS views RICHARD/Lil'' DI@K Cheney''s nickname obscene. What''s even more amazing is the fact that the TWO worst names for new borns this generation are RICHARD (Dikk) & GEORGE!!!!! But my pet Trantula seems good with his name "Allah Mohammad" and loves the flies and crickets he gets when he responds to his name, LOLOL.

[wdrussell1]

The GOP preaches ''family values''.
They don''t practice them.

[Con Mohrat]

There is absolutely NO ONE WORSE than Bush in American presidential history.
And he''''s quickly climbing the list of all-time world''''s worst leader.
Posted by hungry1968 at 11:48 AM : Jan 09, 2008

!!!!!!!!

Bush spent about a trillion of deflated, devalued dollars on invasions and occupations and lost. Gold is pushing $900 an ounce now.

Eisenhower spent trillions for 31 years with his stupidity, since the days when gold was valued at $25 an ounce.

The Lame Duck does not have brains to be that stupid.

[hungry1968]

HUNGRY -- There is no other idiot, worse than you. You will go down in history as the biggest idiot to ever post on the CBSNEWS boards.

Posted by poopusbuttus at 12:31 PM : Jan 09, 2008



Flattering....

It means absolutely nothing coming from though. You can''t even rationalize you''re own twisted thoughts, you contradict your own posts after 5 minutes, you admit that Bush invaded Iraq based on lies yet you try to justify the invasion, and you consider Baghdad Bob to be an ally on these boards.

That just about says it all....

[poopusbuttus]

Flattering....

It means absolutely nothing coming from though. You can''''t even rationalize you''''re own twisted thoughts, you contradict your own posts after 5 minutes, you admit that Bush invaded Iraq based on lies yet you try to justify the invasion, and you consider Baghdad Bob to be an ally on these boards.

That just about says it all....


--------------------------------------------------------------------------------

Posted by hungry1968


Again HUNGRY, you do not pay attention. Do you even know who Baghdad Bob is? If so, enlighten me......

[hungry1968]

Again HUNGRY, you do not pay attention. Do you even know who Baghdad Bob is? If so, enlighten me......

Posted by poopusbuttus at 12:43 PM : Jan 09, 2008



Yeah - that was Saddam Hussein''s minister of information:

http://www.welovetheiraqiinformationminister.com/


He now posts here under the guise of Baghdadshere.


Typical, and not surprising, that you''re so uninformed that you don''t even know who Baghdad Bob is.....

[poopusbuttus]

Typical, and not surprising, that you''''re so uninformed that you don''''t even know who Baghdad Bob is.....


--------------------------------------------------------------------------------

Posted by hungry1968


HUNGRY -- I dont need your link to know who Baghdad Bob is. I already knew who he was.

What''s funny is that you just provided me a link to who he is which tells me that you had to look up who he was. HAHAHAHAHA

At any rate, it''s not important. So, having said that, let me ask you this question. How in the world do you take what I said about Baghdad Bob yesterday and turn it around to say that I support Baghdad Bob?

[micma-2009]

Family Values Republican and bathroom enthusiast, Larry Craig loves Mitt Romney. In his own words, "I support Mitt Romney because of his very strong family values."

[briannorwood]

As much as I hate to admit it, I''m feeling a little sorry for this pathetic little man. I mean, it must be so terrible to have to live a life like that--engaging in anonomous ***, yet still believing that somehow your not a homosexual has got t be a terrible burdon.

[hungry1968]

HUNGRY -- I dont need your link to know who Baghdad Bob is. I already knew who he was.

Posted by poopusbuttus at 12:51 PM : Jan 09, 2008




If you already knew who he was, why did you ask to be enlightened?





Do you even know who Baghdad Bob is? If so, enlighten me......

Posted by poopusbuttus at 12:43 PM : Jan 09, 2008

[cozzicon]

Protected free speech (Just a hand signal):
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[jncc1701]

Where are the Republicans??? What no comment on Craig??? what a bunch of double standard wimps - if this was any Democrat this board would be lit up with family values.

[hungry1968]

Hey poopsontheUS - did you tuck tail and run away AGAIN?

[candide777]

One thing is for sure, even if Craig''s conviction is overturned and there''s a trial, he will NEVER testify. Why? Because he knows that he''ll be torn to pieces on cross-examination, and his attorneys would have to work around the clock to convince the court that his witnesses to his past bathroom activities should not be permitted to testify.

[Con Mohrat]

Family Values Republican and bathroom enthusiast, Larry Craig loves Mitt Romney. In his own words, "I support Mitt Romney because of his very strong family values."
Posted by micma at 01:02 PM : Jan 09, 2008

~~~~~~~~

That was "protected speech" too.

When he told the Republican Congress "I will resign if found guilty" that was protected speech.

To expound, any lie is "protected speech", isn''t it?