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Craig vows to remain in Senate after losing ruling

Larry Craig

Alex Wong, Getty Images

U.S. Sen. Larry Craig, R-Idaho.

He can't withdraw his guilty plea to disorderly conduct in an airport bathroom, and now he's in a standoff with GOP leaders.

Last update: October 5, 2007 - 12:15 AM

A defiant Sen. Larry Craig vowed to stay in the U.S. Senate despite a Hennepin County District judge's ruling Thursday that his guilty plea to disorderly conduct in the Twin Cities airport restroom was accurate, voluntary and intelligent.

Craig, R-Idaho, said he is innocent and disappointed by the ruling. "I will continue to serve Idaho in the United States Senate, and there are several reasons for that," he said. "As I continued to work for Idaho over the past three weeks here in the Senate, I have seen that it is possible for me to work here effectively."

Craig's decision is expected to trigger an awkward standoff with Senate GOP leaders who have been pressing him for weeks to step down or face an immediate ethics investigation. And while Craig justified his decision by citing his seniority on several Senate committees, Republican leaders have already stripped him of his rank on those panels.

National Republican Senatorial Committee Chairman John Ensign of Nevada called for Craig to honor his original agreement to resign if the judge did not reverse his guilty plea. "He gave us his word that he would resign," Ensign told reporters on Capitol Hill. "If he loves his party, and he loves the Senate, the honorable thing to do is to resign."

After news of his plea broke in late August, Craig said he would resign at the end of September, but then he pushed it back to wait for the court ruling. He has been under pressure from Republicans to step aside, including Minnesota Sen. Norm Coleman, who previously called for Craig's resignation. Coleman said he respected Craig's right to defend himself in court, but that Craigwas duty-bound to resign.

"I would hope that he would live up to what he said he would do," Coleman said.

Craig said he's exploring his legal options. "In addition, I will continue my effort to clear my name in the Senate Ethics Committee -- something that is not possible if I am not serving in the Senate," he wrote in the statement.

He said that when his term expires next year, he will not seek reelection. "I hope this provides the certainty Idaho needs and deserves," Craig said.

His comments came after District Judge Charles Porter Jr. issued a 27-page ruling denying Craig's request to withdraw the Aug. 8 plea he made by mail stemming from his arrest June 11. Craig argued the plea was not accurate, voluntary or intelligent.

But Porter wrote: "The defendant, a career politician with a college education, is of, at least, above-average intelligence. He knew what he was saying, reading and signing."

The trouble for Craig intensified after his conviction became public. The 17-year senator said he would resign, then he attempted to withdraw the plea on the grounds that allowing it to stand constituted a "manifest injustice." He also argued that his behavior didn't fit the definition of disorderly conduct.

Metropolitan Airports Commission (MAC) prosecutor Christopher Renz countered that Craig knew what he was doing when he agreed to the plea, but that he was engaged in "political calculations" because he wasn't happy about the fallout.

The police report alleged that in June, Craig solicited sex from police Sgt. Dave Karsnia, an undercover officer working at the Minneapolis-St. Paul International Airport. Craig claimed he pled guilty in part because he was worried and feeling pressure from a months-long investigation by the Idaho Statesman newspaper into his sexual orientation.

Porter disregarded the claim as grounds for withdrawing the plea. "This pressure was entirely perceived by the defendant and was not a result of any action by the police, the prosecutor or the court," Porter wrote.

After Craig's arrest became public, the Statesman published its five-month investigation into previous allegations of homosexual behavior. The senator, who has a wife, has said he is not gay.

It all started on June 11 when Craig, on a layover between flights, entered a restroom at the airport. He stood outside the door of Karsnia's stall peering in, then entered the adjacent stall when it was vacated and placed his roller bag in front of the door. He then tapped his foot, slid it closer to Karsnia's and moved it up and down slowly, according to court documents.

Craig then swiped his left palm up along the bottom of the stall, exposing more of his fingers each time. Karsnia then placed his badge under the divider and Craig yelled, "No!"

Craig refused to come out of the stall, leaving only when he was told by Karsnia he was under arrest. He did not flush the toilet. He explained the foot-tapping by saying he has a "wide stance." He said his hand was near the floor to pick up a piece of paper.

Porter said the facts support a conviction. Craig "knew or should have known his entrance into Sgt. Karsnia's stall with his eyes, foot and hand are the type of acts that would tend reasonably to arouse alarm, anger, or resentment in others," the judge wrote.

Craig said he's disappointed with the ruling. "I am innocent of the charges against me. I continue to work with my legal team to explore my additional legal options," he said in his statement.

The MAC released a statement from spokesman Patrick Hogan, who said the decision holds Craig accountable for his conduct. "In determining that Senator Craig's plea is just and binding, the court ensures the plea negotiation process can continue to serve as an effective, efficient tool."

Porter also dismissed First Amendment claims filed by the American Civil Liberties Union on Craig's behalf. The ACLU argued to protect language, but Craig was charged because of his conduct, Porter wrote.

The writers are at raolson@startribune.com • 612-673-1747 and kdiaz@startribune.com • 202-408-2753.

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