Don't Railroad the Senator
Although the discomfiture of the Republican Party delights any partisan of the opposing party, after the laughing dies down it seems quite clear to me that Senator Craig should not resign. Indeed, Democrats ought to make themselves quite clear on this topic.
I've read enough of the transcript to conclude that the police shouldn't have arrested him; conduct in question -- no words expressed, no assault of any kind -- shouldn't be criminalized; Senators shouldn't be driven from office for such minor offenses; the Constitution may bar such arrests.
So why aren't those who believe in law and tolerance standing up for (even) Senator Craig?
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Comments (159)
Reed,
I agree he shouldn't be hounded out of the Senate, yet if he is being "hounded out" its by his own party and constituents, not the gays or Democrats. Craig is paying for his hypocrisy.
You claimed "..no words were expressed..."
Suppose a deaf mute used sign language to solicit homosexual acts from from an undercover cop, wouldn't this be the same as what Craig did? Craig initiated the action by being the first to send (sign) a 'signal", tapping the foot. Lets not let Craig off the hook entirely.
You have a point, but who would step forward in his defense that Craig would accept; Barney Frank? Jim Kolbe? Mark Foley? Ted Kennedy? Hillary? Obama? Rev. Ted Haggard?
Maybe the Democrats and gays are in fact supporting Craig.....by not attacking him, by not piling on. Craig is defending himself from his own party and constituents, not the Dems or gays.
I wonder why the Log Cabin Republicans are so quiet.
By the way, unless this activitiy was so prevelant in that particular rest room so as to disturb toilet seeking people on a regular basis, I think this is a total waste of police manpower.
September 7, 2007 8:24 AM | Reply | Permalink
I think the senator should keep his - er, seat.
Best, Terry
September 7, 2007 8:36 AM | Reply | Permalink
The Democrats don't need to go out on a limb on this issue. Mr Hundt's certainty notwithstanding, there is reasonable dispute & controversy over which side of the law, & of the spirit of the law, Sen. Craig stands on. Outspoken Democratic support would open the party up to charges of being "the party of public restroom cruising". Walking into his office and saying "Personally, I think you're being treated unfairly; good luck" seems sufficient.
September 7, 2007 8:40 AM | Reply | Permalink
I think we all look at the situation as a guilt vs. innocence issue, and beyond that reasonable punishment for a crime. This issue is not about law and tolerance, it's partisan politics.
Even in the worst case (or best case depending on your perception) let's say he was absolutely guilty with no doubt in anyone's mind. But then let's say this was in a swing state with a Democratic governor. Would the same conservatives who are quick to condemn Craig be pushing him out so quickly? Would the Democrats who are taking a hands-off approach to this issue be so quiet? I doubt it.
Senator Craig was shown the door because the Republicans know that with him there, there's a small chance they lose the seat. By getting rid of him they keep the seat in Republicans hands, setup Craig's successor as an "incumbent" in the next election, and win some easy brownie points with the conservative Christians.
September 7, 2007 8:46 AM | Reply | Permalink
Reed,
When I listened to the audio tape of the officer, it was clear to me that Craig was doing what he was originally charged with (not the plead guilty and we'll drop these charges).
There is an unspoken heterosexual etiquette in a bathroom that you do not peek through the space between a stall door and it's frame. If you're looking through to the inhabitant so closely that he can see the color of your eyes, what is so difficult to understand about harassment?
What would be the charge if a man entered a women's bathroom, and peeked like that?
According to the police, the reason for the sting operation is that this type of harassment was going on in the first place.
The reason that Frank, et all, don't have to constantly deal with the issue of orientation is that they are OUT. They're not constantly spouting about "moral values" while carrying on a double life filled with hypocrisy.
I'd be OK with Craig staying in if he came out, but this "I'm not gay" bull**** is too much to listen to. What is the line that he thinks determines gay?
"I'm not gay. I have sex with men, but I don't listen to Bette Midler."
Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran
September 7, 2007 8:50 AM | Reply | Permalink
I have little doubt, based on his positions on gay issues, that if it had been another Senator in his position, Craig would be the first to demand his resignation. The arrest was quite probably illegal, and no, a Senator should not be hounded out of office for such a thing -- generally speaking. But in this instance, Craig is being judged by his own standards. I fail to see the unfairness in that.
September 7, 2007 8:52 AM | Reply | Permalink
What is your basis for asserting that the arrest was illegal?
September 7, 2007 9:18 AM | Reply | Permalink
I see you edited out the "Where are the Log Cabin Republicans?" part of your post in its original form.
But golly gee on that, guess what, Mr. Hundt: you can use teh newfangled internets thing to find out!
At the top of their home page, I find it says:
Now just because you aren't hearing them in the media and blog outlets you visit (Andrew Sullivan on vacation), doesn't mean that they aren't trying to be heard, does it? But that's a whole different issue, isn't it? (Not to mention the question of whether the media should even be covering it much at all.)
Anyhew, if you read the press release, you will see that they are apparently with the family values crowd on this and want gay people and Senators to be good role models and behave themselves in public and not be trolling for kinky sex linked to the danger of anonymonity but instead have a white picket fence and 2.5 children, and to do that at the risk of their role model jobs. Which just goes to show ya, gay people are not all alike!
I'd say it would be smart politically if Dems stretch out the time it takes to speak out on what would be the your correctly stated libertarian principles on this and let the GOP continue to make itself a smaller tent, and let anyone, gay and straight, with the slightest kink to their sexual desires fear them in the privacy of the voting booth. (Just like Dems did with the Schiavo case, letting them hang themselves, making anyone with chronically ill relatives fear them.)
Don't you think he's looking for a censure deal like Barney Frank got in the House? If that happens, the Dems can express their priniciples in the vote.
September 7, 2007 10:01 AM | Reply | Permalink
Pled guilty. 'Nuff said.
September 7, 2007 10:15 AM | Reply | Permalink
I've got sympathy with a closeted homosexual who thinks that the only way he can express his (obviously repressed) orientation is to cruise public restrooms. Without condoning his behavior, I would in fact, support him if he wanted to come out.
However, that is not the case, he claims, "I am not, nor have ever been, gay." If he is unwilling to stand up for his own rights as a gay man, I nor anyone else can be expected to do it for him. That is not "railroading."
September 7, 2007 10:22 AM | Reply | Permalink
There is an unspoken heterosexual etiquette in a bathroom that you do not peek through the space between a stall door and it's frame. If you're looking through to the inhabitant so closely that he can see the color of your eyes, what is so difficult to understand about harassment?
I don't think people should generally be forced out of their jobs for violating bathroom etiquette. There is also an unspoken rule of public restroom etiquette that you should not fart when you are relieving yourself at a urinal, especially when other people are relieving themselves at the urinals next to you. I can attest that this rule is flagrantly violated, and I personally find the violations more repulsive and offensive than toe-tapping or wandering eyes.
September 7, 2007 10:25 AM | Reply | Permalink
Reed is way off base on this one. It's an insult to gay people to talk about homophobia or "railroading" with regard to the pervert Craig. The history of complaints about sexual activity in this bathroom provides plenty of context for the arrest. What's the cop supposed to do, have sex with a suspect before arresting him?
Craig pleaded guilty because he WAS guilty--there's no other explanation for such a plea in this instance. No person with innocent intent would cop a plea like this, not in a million years. As for the police procedures, these cops have to exercise a lot of discretion. Frankly, unlike a lot of other criminal situations, I doubt these vice cops are eager to arrest someone whose guilty intent is in doubt. It's not exactly a "glamor" detail.
Let's not confuse being gay with being a pervert, which is what someone who has an uncontrollable urge to have public sex in a public bathroom is.
September 7, 2007 10:30 AM | Reply | Permalink
I agree with Reid.
September 7, 2007 10:32 AM | Reply | Permalink
You're giving Craig a lot of credit by saying "the only way he can express his (obviously repressed) orientation is to cruise public restrooms."
Isn't it more likely that his orientation IS to cruise public restrooms? Do you think ALL of the 40 men arrested that spring by the cops in that rest room are repressed gays? Or aren't they just bathroom bandits whose kink is public anonymous toilet stall sex? In other words, perverts like Craig.
September 7, 2007 10:35 AM | Reply | Permalink
Actually, the reason the Airport Police were doing sting operations in THAT PARTICULAR MEN'S LOO has to do with Airport Security.
From the time the Airport was built, that particular Loo has been well known as a cruise spot. Typically, local male prostitutes do business there, providing services for men just like Senator Craig -- and they have been doing it for years. Then came 9/11, and the Feds told the Airport Commission to move the security zone way out. THAT PARTICULAR MEN'S LOO then fell behind the security perimeter, meaning to get to it, one must be a ticketed passenger who has passed through security, a passenger in transit, or an airport employee with a security pass. That made life rather difficult for the male hookers for whom this was an established place of business, and where traditionally the Airport Police just keep their eyes on it, but didn't make many arrests.
This came to be understood as Airport Security did an analysis of who had been caught breaking through the new Security Perimeter. You know, the FAA and Homeland Security requires such an analysis. Airports get graded on how complete their security is. In fact, this issue even went to the Joint Terrorism Taskforce locally -- where the Feds discuss things with their state and local counterparts. It was their recommendations that led to the decision to do stings -- arresting the local hookers, and in the process, quite a number of their clients. Thus the Mpls Police and the Hennepin County Prosecutors got tasked with this particular aspect of making our local airport Terrorist-proof. In the quarter when Craig was arrested, the cops made 41 arrests, all of whom pled guilty.
This actually has nothing to do with sexuality or out or closeted life styles -- it is all about the strategy for fighting the war on Terrorists.
September 7, 2007 10:40 AM | Reply | Permalink
"So why aren't those who believe in law and tolerance standing up for (even) Senator Craig?"
Because respect for the law and tolerance are not being flouted in this case. Let's not get overly analytical here. This guy was arrested in a well-known public trysting place for making a pass at a cop. He copped a plea, something no innocent person would have ever done.
Reed, are you really tolerant of people having consensual sex in public bathrooms? Would you like it if your adolescent son had been the object of Craig's "hands-under-the-stall-divider" diplomacy? If so, please don't publicly identify yourself as a Democrat. It's this kind of "tolerance" that gives us a bad name.
September 7, 2007 10:46 AM | Reply | Permalink
Should they be "forced out of their jobs" for trying to have public sex in a public bathroom? Depends on the job. Trucker, plumber, car mechanic, maybe not. Teacher, camp counselor, Senator...see ya!
September 7, 2007 10:51 AM | Reply | Permalink
"So why aren't those who believe in law and tolerance standing up for (even) Senator Craig?"
First, because he is a hypocrite. He has incorporated being an advocate of stronger law enforcement and morals, and sneering at civil liberties, lawyers and tolerance into his career and gained personal benefits from it.
Second, I am a big believer in adults bearing the consequences of their decisions (which makes me less progressive than others on this website) and one of the consequences of his public figure status is that his status is more susceptible than most to the risk of behaving questionably, if not criminally, in a public rest room. Just or not, there's little doubt that is a risk he knew he bore. So I feel he has to bear that consequence.
Finally, somewhat vainly, I hope that the GOP's recurrent loss of seats due to events like this will eventually lead them to perform a cost-benefit analysis that leads them to abandon their exploitation of prejudices about sexual preference in electoral matters.
September 7, 2007 11:15 AM | Reply | Permalink
Where is it written that Craig is gay? He says he's not. Until he says he is, he isn't. Anyone who champions a person's right of self-determination cannot believe otherwise - unless he's one of those who champions his own but nobody else's, aka the moral majority.
September 7, 2007 11:17 AM | Reply | Permalink
That's interesting--and disturbing. If so many toilet cruisers are sneaking through security that the police have to run stings to nab them, then airport security (at least at MSP) is a joke.
September 7, 2007 11:22 AM | Reply | Permalink
Dan,
There is a rather "wide stance" between farting and running your eyes over the package of the guy at the next urinal.
One expects bad smells- it's a restroom after all. One does not expect to be cruised, nor should they have to put up with that harassing behavior.
So if he's being forced out of his job because of his predatory and sexually harassing behavior, he's not the first and will probably not be the last.
Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran
September 7, 2007 11:23 AM | Reply | Permalink
Look, not to belabour the point, but HE DID PLEAD GUILTY!!!
That makes it kind of hard to argue that no crime had been committed. He was at liberty to make that very argument, he chose not to, he chose to plead guilty to an offense. It is not for you or me to second guess that choice.
He had a right to be innocent until proven guilty. He had a right to challenge the very constitutionality of the law. He had a right to test the evidence. He chose to throw away those rights.
What are we supposed to do with that?
Seriously.
As to the policy and public issues behind this. Allow me to be a prude:
Sex in public bathrooms is wrong. Sex in public is wrong generally. Sexual acts of any sort which have a likelihood or risk of exposure to children are wrong. Exposure of genitals to children are wrong. Exposure of genitals of strangers to children are wrong. Exposure of genitals to unwilling witnesses is wrong. Unwanted or inappropriate sexual advances are wrong. All of this is well within the purviews of the criminal law.
Engaging in a conspiracy or attempting to commit a criminal act is wrongful. End of story there. Was the police officer mistaken that Craig's behaviour and conduct were part of a course of actions preparatory to and with intent to commit criminal acts? Possibly. But then, if they weren't, Craig had the right to plead innocent. If the acts did not reach the threshold required, once again, he had the right to plead innocent.
Most sting charges for prostitution do not require the prostitute to perform sex acts, or even to disrobe. All that is required is evidence of communication that the prostitute will engage in sexual activity and the naming of a price. Then blammo.
So communicating, by signs or conduct or words, of intention to engage in illegal sexual activity, seems sufficient to ground.
Now, beyond all that, there are serious public policy issues which should discourage illicit bathroom sex.
Among these are health. Anonymous random sexual encounters make it impossible to track or control the spread of sexually transmitted or other communicable or infectious diseases. Without tracking, the spread of such cannot be limited, unknown infectees cannot be contacted and therefore cannot receive treatment or be notified of their risk and be advised not to further communicate the disease. In the age of HIV this is not a laughing matter.
Another issue is crime. In particular, prostitution, assault and robbery. Men engaged in these activities do so anonymously and place themselves in a position of vulnerability. As such, they are easy victims for all sorts of criminal or violent activity, and are often reluctant to report such activities to the police. The existence of easy victims attracts and entices criminals who then pose a risk to everyone.
That said, I would argue that for the most part, such police sting tactics are a colossal waste to police time and resources, and that there are far more effective and efficient ways to shut down a tea room and discourage the activity.
As for Senator Craig himself... Explain to me why the Democrats should go to bat for a Republican who pled guilty to a criminal offense?
Further explain to me why Democrats should simply support a homophobic Republican who has made a career out of demonizing and oppressing gays, who has now been charged with and pled guilty to homosexual cruising?
Explain to me why Democrats should support a homophobic republican who has made a career out of demonizing and oppressing gays, who has pled guilty to homosexual cruising in a manner and forum in which that sort of behaviour should be prohibited and condemned?
Jesus H. Christ on a Crutch, what are you thinking, Reed?
September 7, 2007 12:50 PM | Reply | Permalink
I agree with Reed. The problem, though is not that people won't stand up for Craig's right to flirt in bathroom stalls. The problem is that Craig won't stand up for himself. If Craig were out there refusing to resign, calling the arrest unjust and speaking out against idiotic police stings, then maybe people could stand up and say "don't quit." But if he's not willing to fight, I can think of a billion worthier causes.
thosethingswesay.blogspot.com
September 7, 2007 1:11 PM | Reply | Permalink
"Where is it written that Craig is gay?"
Craig is obviously either gay or bisexual. Only a gay person or a bisexual person (and a weird one at that) seeks out gay sex in a men's room. Sexual preference isn't a "right of self-determination" any more than left or right-handedness is. Your post makes no sense and no point.
September 7, 2007 1:15 PM | Reply | Permalink
So if Craig "came out," admitted he was a gay exhibitionist, stood up for "his right to flirt in bathroom stalls", denounced the police for their tactics, claimed that it's his right under the Constitution to proposition strange men in public bathrooms and have sex with them...THEN you'd hop on his bandwagon?
You're kidding, right? If not, please don't admit this to anyone you know, or who knows you're a Democrat.
September 7, 2007 1:24 PM | Reply | Permalink
I think the reason that a lot of Democrats haven't said much about this is that anything we say will be construed as self-serving.
And quite frankly, as I think about it, the more Craig's situation is discussed -in any terms- the more it serves Democratic aims, if because it only because practically any discussion of the subject makes the Republicans look worse.
Therefore, I conclude that the best thing Democrats could do would be to adamantly (and for as long as possible) refuse to talk about it at any opportunity that presents itself.
-Dave Adams-
September 7, 2007 1:33 PM | Reply | Permalink
It's not illegal to proposition people. He wasn't arrested for an actual crime.
thosethingswesay.blogspot.com
September 7, 2007 1:44 PM | Reply | Permalink
Destor,
That's not what he was arrested for.
He was arrested for "Interference with Privacy", a gross misdemeanor.
He was arrested on June 11th. He filed his plea deal to the lesser offense of disorderly conduct on August 1st. Do you think he couldn't find a lawyer in a month?
Here's a link to the arrest report, filings and his plea from The Smoking Gun.
Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran
September 7, 2007 2:40 PM | Reply | Permalink
Please answer the question. "Where is it written that Craig is gay?" And after you answer that, please tell me what your definition of 'being gay' is. Is it what a person says of himself, or is it what society says of him. Or, if society says I'm gay and I say I'm not, who's right?
September 7, 2007 3:00 PM | Reply | Permalink
Was Senator Criag "trying to have public sex?" I don't think so. I think he was trying to pick someone up, which is hardly the same thing.
September 7, 2007 3:28 PM | Reply | Permalink
The police report seems to say that there was no dialog between Craig and the cop, and no overt lewdness. Apparently, the Senator did not tap anyone's foot hard enough to justify an assault charge. So what's the crime?
If we start convicting people for violating a cop's interpretation of hand-waving...never mind, we're already throwing people in jail for less.
September 7, 2007 3:39 PM | Reply | Permalink
Craig pleaded guilty because he WAS guilty--there's no other explanation for such a plea in this instance. No person with innocent intent would cop a plea like this, not in a million years.
I strongly disagree. Particularly for this kind of a charge, any wealthy person whose livelihood depends on public relations would take that deal in 15.7 nanoseconds if he thought it would bury the story. If that person already had whisperings floating around about his orientation, decision time would drop to 15.7 picoseconds.
As it turns out, Craig almost certainly did what they said he did; he is almost certainly morally guilty; but in my legal opinion as a systems analyst, he could have beat the charge in court. Of course, if he had challenged the charge, gone to court, and won, he would have lost the important battle anyway.
September 7, 2007 3:48 PM | Reply | Permalink
Another question. If Craig had acted like he did in a woman's public bathroom, would his 'straightness' even have come up in the public discourse? Beside the point, just as Craig's assumed gayness should be beside the point - not to mention how unfair it is to the gay community.
September 7, 2007 3:48 PM | Reply | Permalink
Teacher and camp counselor, probably yes. Senators? They do five worse things every day before breakfast.
September 7, 2007 3:52 PM | Reply | Permalink
There is simply no evidence at all that Craig is a sexual predator. Whether he was engaging in any kind of harrassment, or indeed anything illegal, seems borderline, and depends a great deal on how much of the police officer's story one chooses to believe.
Yes, one should respect other people's privacy, and not check them out when they are in a vulnerable position. But I don't think it should be a career-ender.
September 7, 2007 3:59 PM | Reply | Permalink
I think people should be judged by objective standards of law and morality that are blind to whatever personal positions those individuals themselves might happen to have on those standards. Just because a person has crazy standards does not mean they deserve crazy punishments.
Defenders of enlightened standards of justice show that they are truly committed to those standards by applying them to everyone, even those who would not apply them to us.
September 7, 2007 4:07 PM | Reply | Permalink
Well as long as they are paying a police officer to hang out in this restroom, why not just have him in uniform, or have him flash his badge around and say "police officer" to anyone who looks at him funny. That would have the same, or stronger deterrent effect, and likely prevent 100% of the nuisance sex in the restroom stalls that the police are seeking to curtail.
September 7, 2007 4:13 PM | Reply | Permalink
So you happen to know a lot of options where one might have private sex during a couple hours layover between flights at Ninneapolis-St.Paul airport? Sheesh, you nitpick points to death. As others have said, he plead guilty to this misdemeanor. The question is should he lose his job.
September 7, 2007 4:14 PM | Reply | Permalink
Dunno, and neither do you. It would be my surmise, however, that a US Senator is unlikely to set up a portable stage and a glitter ball to engage in kinky sex.
September 7, 2007 4:14 PM | Reply | Permalink
"It's fun to stay at the YMCA."
September 7, 2007 4:16 PM | Reply | Permalink
I'll have to take your word for that. Meanwhile, I urge you to adopt my slogan, "The only good nit is a dead nit."
September 7, 2007 4:18 PM | Reply | Permalink
Sex in public bathrooms is wrong. Sex in public is wrong generally. Sexual acts of any sort which have a likelihood or risk of exposure to children are wrong. Exposure of genitals to children are wrong. Exposure of genitals of strangers to children are wrong. Exposure of genitals to unwilling witnesses is wrong. Unwanted or inappropriate sexual advances are wrong. All of this is well within the purviews of the criminal law.
Craig pled guilty to disorderly conduct, not to any of the above. Would Senators typically be forced out of the Senate for disorderly conduct?
September 7, 2007 4:26 PM | Reply | Permalink
Democrats should play no part in defending Senator Craig. Who really cares about him. However, he does need to remain in the news as long as possible, to hasten the day when conservative Christians wake up and realize that the Republican party has nothing for them.
I want Robert Byrd to thunder, "The United States Senate cannot concern itself with the toilet manners of its members. Frankly, Senator Craig's bathroom escapades are beneath this great body. My Republican friends are to be praised for their tolerance and understanding, as they embrace one of their own for the man he really is, and spare this great body the sorry spectacle of inquiring into the Senator's sexual solitications. Their rejection of competitive neoMcCarthyism is in the finest tradition of the Senate."
September 7, 2007 4:35 PM | Reply | Permalink
I agree that there are innumerably many more important issues to worry about destor. But I'm not that comfortable with the idea that we should only stand up for the civil rights of those who are willing to stand up for their own rights. I don't think it should matter whether Craig is a hypocrite, a self-deluded man leading a double life, a terrified man who cannot bring himself to reveal the truth about his life to his family and friends, a self-loathing man who works out his own guilt by persecuting others, or just a shallow political opportunist.
September 7, 2007 4:38 PM | Reply | Permalink
He was arrested for disorderly conduct, the particulars and substance of which indicate that he was engaged in an act of gay cruising, looking for and approaching a potential partner in order to facilitate having sex (getting his cock sucked) with a complete stranger in which he and his genitals would be exposed in a public place, to which members of the general public, included children of all ages, and persons not oriented to homosexual sexual acts would be exposed. In effect, he was engaged in conspiracy to commit an offence.
Don't go all lawyer on me. I am a lawyer, I've practiced for almost twenty years, I've done criminal law as a prosecutor and a defense attorney, and I'm somewhat familiar with the issues.
The standards that you somehow find so outrageous applied to Craig and his escapade have been applied to heterosexual prostitutes, to drug users, and to all manner of persons and situations for decades upon decades.
Now, I've already called this particular tactic of police stings a colossal waste of resources and an inappropriate way to handle the problem of tea houses. What more do you want?
I have no particular sympathy for Craig, but then again, I'm not the one calling for his resignation.
That call is being ushered by the assorted scumbags, racists, homophobes, philanders, whoremongers and sundry, who he has chosen to associate with, and on behalf of whom he has frequently gone on the attack against decent, kind, tolerant people.
So what do you want? You want I should ride to the defense of Craig, protect and shelter him, even as he continues to strike out and undermine the very people called to rescue him? Sorry, not in the mood.
The man is a naked, proven, despicable hypocrite. His behaviour was despicable even by the most moderate liberal and gay standards.
His freres have turned on him, not because he is gay, not because he is despicable, but merely because he was caught.
If he wants to fight them for his job... Well, pass the popcorn. I'm pulling up a ringside seat. This is like watching Vampires vs Nazi's.
September 7, 2007 5:22 PM | Reply | Permalink
And let's be clear here. He understood full well what the offence he was being charged was, and he understood full well the consequences of pleading guilty and admitting that offence.
Nuff said.
September 7, 2007 5:23 PM | Reply | Permalink
Well, if the only version of sexual predation that you recognize is the one from MSNBC, then read the link I've posted below to the Smoking Gun and the law cited.
This entire thread from Reed is predicated on his decision that the law and it's enforcement is unjust. Well, pardon me, but I think I should be able to grow enough pot for personal consumption in my backyard, and I don't give a shit what the Feds say. Do you think Mr. Craig or Reed would leap to my defense?
Hardly.
Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran
September 7, 2007 5:28 PM | Reply | Permalink
Assuredly not. But then, perhaps he shouldn't have pled guilty.
But hey, having pled guilty, he's under no obligation to resign... except for having promised to.
But hey, he's under no obligation to keep his promise.
Of course, his Republican buddies want him out, but who cares what they think? What's the worst that they can do? Drum him out of their party? He'll sit as an independent.
Then as an independent, he can run on his constitutional right to cruise for anonymous blow jobs in airport bathrooms. I can see that will be a winning issue for him. Perhaps even a national issue, do I smell presidential campaign?
September 7, 2007 5:40 PM | Reply | Permalink
First the bumpersticker:
This is not about sexual orientation. This is about the Constituion.
All that aside, the crown jewel in Craig's legacy is the dismal conditions and demise of Walter-Reed Hospital. The crap Craig did to the VA should earn him a past lifetime seat in hell for infamy and murder. Craig should not just be thrown out of the Senate. Craig should do several life sentences in lock-up.
September 7, 2007 5:47 PM | Reply | Permalink
Did you have to use the word "smell" in the same paragraph as "anonymous blow jobs" and "airport bathrooms?"
September 7, 2007 5:49 PM | Reply | Permalink
Wouldn't the best way to deal with that be to beef up the security perimeter? And maybe, I dunno, ask people if they have tickets?
September 7, 2007 7:04 PM | Reply | Permalink
As a Democrat I simply don't care if Craig resigns or continues to serve. He isn't my senator, in any case. The only comments I have made on his arrest is to point out that he committed no crime, and that it is a waste of tax money to pay a police officer to sit in a stall for half an hour hoping someone will proposition him. Those remain my positions on the issue.
I say let's allow the Republicans to police their own ranks however they wish, and allow the Idaho voters to select whomever they want to represent them in Congress.
This episode was worth a good laugh for a day. The day is over.
Hoppy in Sacramento
September 7, 2007 7:06 PM | Reply | Permalink
Not defending the policy mind you -- just putting forward why it was adopted. The Airport is huge, hundreds of employees not only of the Airlines, but all the shops and restaurants, the cleaning crews and all as well as obviously passengers. Remember, this is Northwest's Home Base. The point is they did an analysis of who was caught breaking through the security screen -- and then let the Joint Terrorism Taskforce come up with a solution. And yep, they decided to do stings, and turn the resulting arrestees over to the Prosecutor.
By the way, till last December the Hennepin County Prosecutor was Amy Klobuchar, who now sits across the aisle in the Senate from Craig.
September 7, 2007 8:24 PM | Reply | Permalink
Interesting point and I think you are right, but I don't know if I buy the idea of winning the kinky vote. There seems to be a failure of self-identification among kinky people (like Senator Craig) that isn't so often seen in families of the chronically ill.
My guess is that Craig, Haggard, etc. voted a straight Republican ballot as just one more act of self-denial. These are individual cases, but I have always had a similar sense about President Bush, as well as other ulta-conservative types that I've met in my personal life.
I have no problem with gay people at all, but I feel that, Mearshimer and Walt aside, the greatest menace we face may come from a broad and loosely affiliated cabal of closeted and sexually repressed super-freaks.
That might be the beer talking.
September 7, 2007 9:04 PM | Reply | Permalink
"Just or not, there's little doubt that is a risk he knew he bore. So I feel he has to bear that consequence."
I have heard this argument made in many circumstances and it has always gone over my head. Why should knowledge of a risk or penalty override the question of justness?
I have very little sympathy for Craig in this case, but neither do I understand the principal behind your diminishment of the question of equity.
Example: A woman in Iran is aware that feminine hair must be veiled, but chooses to go uncovered. She loses her job (or whatever), but "I feel [s]he has to bear that consequence."
Common sentiment. Not logical.
September 7, 2007 9:22 PM | Reply | Permalink
My definition of gay is when guy likes to do it with other guys. Not a big deal, but a fairly straightforward idea.
It's an objective statement, even if you resent the terminology. If you jog then you're a jogger, right? Is there a complication that I'm missing?
September 7, 2007 9:29 PM | Reply | Permalink
Oh that was sort of a silly thrown-in thought on my part. No beer needed. :-) I was not thinking Dobson family values voters. I was imagining that plenty of Limbaughites & Wall Streeters like their porn, thinking first they come for the gays, then they come for me, some thinking "I am getting sick of this hypocrite buttinsky shit" in the privacy of the voting booth. (Don't forget, the majority were with Clinton on the blow job not being an outrage.) It's the cumulative effect. And many of the libertarian wing of the GOP have long been fed up with the buttinsky family values crowd. Throw in Jay Leno et. al.'s casual take on it, making it all a joke, something that say, 15 years ago would be shocking to a lot more people.
I put in the Schiavo thing, though for a different reason. The Dems just shut up and let them hang themselves with that. That worked very well, mho. I see no good reason for them not to do the same now on this "private life" issue.
Further, it's not much business of theirs to agitate for him to not to resign or resign unless they actually have an outraged family values constituency or care about a Senator having a pristine private life as a mark of professionalism. The resigning is all about hypocrisy to the "government promotion of sex only within marriage" crowd, which is not on the Dem platform, so why should they care? If something like a censure vote comes up, then they can express that private life issues of this type are not a requirement of the job of Senator and there is no need for censure. Why speak up now? If he wants to resign or the right wants him to resign because he's a hypocrite to some right wing causes, let him. All that they have to do is not look like they too are forcing him out, and it's a win/win. They have absolutely no good reason to scream "no, don't resign!"
September 7, 2007 10:20 PM | Reply | Permalink
Then why don't they prosecute them for the more serious security violation instead of rapping their knuckles for sexual behavior? I really have trouble seeing how this explanation explains anything.
September 8, 2007 12:04 AM | Reply | Permalink
There is no false argument more pernicious than this one.
Guilty pleas of innocents in lieu of vast expense and exposure with enormous consequences are quite common.
The single person that George Bush had a hand in saving from execution in Texas was serial killer, Henry Lee Lucas.
Lucas was a virtual confession machine after he was arrested. He was set for execution for a murder he rather obviously didn't commit. Lucas remains in prison for life convicted of the murder of "orange socks" while the actual murderer in that case got off scot free.
This is known laughably as justice.
Best, Terry
September 8, 2007 12:23 AM | Reply | Permalink
Very true. That that circumstance usually involves very poor people facing very very big, very expensive, very serious charges.
This was a Senator of either upper middle class or wealth, facing a minor misdemeanor charge. He could not be forced by poverty or circumstance, there was no death penalty hanging over his head, he had the option of competent legal representation. If that's a miscarriage, then you might as well throw out the entire American justice system.
Professional courtesy.
September 8, 2007 6:17 AM | Reply | Permalink
We don't know if Craig likes 'to do it' with other guys. Yet we do seem to 'know' that he's gay. We've tagged him as gay based on? Labels are loaded, and when we put a label on someone that person is immediately everything that the label carries with it.
Labelling in the world of politics is rampant nowadays. Kerry is a flip-flopper. He flip-flopped on? With the label, he flip-flops on everything. Traitor - if you protest the war. Unpatriotic - if you protest just about anything having to do with government policy.
Perhaps I'm overly sensitive to 'labelling' which is why labelling Craig a gay raised my shackles. Pervert he may be, but sexual perversion is certainly not confined to gays.
September 8, 2007 7:33 AM | Reply | Permalink
Did you mean 'hackles'?
Or was your freudian slip showing? ;)
September 8, 2007 7:43 AM | Reply | Permalink
Shackles I meant and shackles they are. A freudian slip is an unconscious wish. I quite consciously wish that I could put labellers in irons so a freudian slip it tain't.
I also wish that I had never commented on this post - and I'm quite conscious of the wish.
September 8, 2007 8:38 AM | Reply | Permalink
[Craig] could not be forced by poverty or circumstance, there was no death penalty hanging over his head, he had the option of competent legal representation.
Come on, Valdron. You know damn well that the currency in which Craig couldn't afford to pay was public opinion.
This was one of the few exceptions to the rule that Americans get the finest justice money can buy.
September 8, 2007 10:07 AM | Reply | Permalink
So if it's more efficient to focus on the men's bathroom, then ask people in the men's bathroom if they have tickets. Easy. And way more effective. Craig wasn't an unticketed passenger, so if the concern is unticketed passengers, what was accomplished by arresting him?
I appreciate that you are not defending the policy (and it's interesting to learn how it came into being). But I guess I just want to suggest that the policy does have something to do with policing sexual behavior, no matter how it came into being. The policy consists of policing sexual behavior, after all. One can debate when/whether policing sexual behavior is okay, but yeah...
September 8, 2007 10:08 AM | Reply | Permalink
There is a constitutional provision that governs immunities attaching to Senators going to or from Congress.
September 8, 2007 10:58 AM | Reply | Permalink
well said!
September 8, 2007 11:01 AM | Reply | Permalink
Yeah, right. And he chose to satiate public opinion by pleading guilty? That makes no sense.
As a politician, his only chance was to fight it. Deny, dispute, evade and challenge. Once he entered a guilty plea, it was game over.
If this is an example of his political acumen, then the voters will be well rid of him. I condemn him for being a fool.
September 8, 2007 11:07 AM | Reply | Permalink
He bet that he could keep the incident quiet by pleading guilty. If he went public and fought the case he would have lost whether he won or lost the case given his constituency. Not so if he were a liberal Democrat representing San Francisco, say.
September 8, 2007 12:10 PM | Reply | Permalink
"Unwanted or inappropriate sexual advances are wrong. All of this is well within the purviews of the criminal law."
So if I invite a woman to have sex with me, should that advance be criminal if it was unwanted?
September 8, 2007 12:22 PM | Reply | Permalink
He was arrested for disorderly conduct, the particulars and substance of which indicate that he was engaged in an act of gay cruising, looking for and approaching a potential partner in order to facilitate having sex (getting his cock sucked) with a complete stranger in which he and his genitals would be exposed in a public place, to which members of the general public, included children of all ages, and persons not oriented to homosexual sexual acts would be exposed. In effect, he was engaged in conspiracy to commit an offence.
His actions indicated that he was likely looking for causal sex with a consenting adult of the same sex. Unless there was something else conveyed it the toe taping code, I see no indication that he wanted his cock sucked in front of children. Do not liberals maintain that sex between consenting adults is a constitutional right? If so how can one be criminally charged for soliciting such relationships?
September 8, 2007 12:37 PM | Reply | Permalink
Robert,
You are revisiting points that were heavily and interestingly discussed here on this older thread. If you think of the readership of this site as representing "liberals," and your question is not just rhetorical, but sincere interest, I suggest you look at it, you might be surprised at the gamut of opinions there. Also I humbly suggest you read my comment with quote from an article with facts there: direct link to my comment.
September 8, 2007 12:57 PM | Reply | Permalink
Ask Paula Jones. :-)
A public lavatory in an airport, true, it was not a workplace for the men in the stalls, but it also was not a swingles bar.
BTW, keep in mind it was a misdemeanor charge. This is "vice squad" purview, where one is not so much talking about crime but about community standards. How "criminal" it is is more in standards of the community you chose to inhabit, what that community (GOP party, your own friends) does to you after you are caught, as the state is not interested in punishing you much, it is just trying to deter at request of the community. If you're not in such a community, you don't give a damn, you suffer a hassle and pay the fine, same as you might getting a ticket for drinking alcohol in public in a dry town.
September 8, 2007 1:12 PM | Reply | Permalink
You are confusing civil lawsuits with criminal law that allows the police power of the state to deprive one of one's liberties.
September 8, 2007 1:14 PM | Reply | Permalink
I’m not interested in the history of this topic on this site. I am simply calling Valdron, a gold plated liberal, out on his opinions about casual, homosexual sex.
September 8, 2007 1:21 PM | Reply | Permalink
Yes, I know that sexual harassment is a civil lawsuit. That wasn't the point. The point is that our society does look down on propositioning in inappropriate places.
As to one's "liberties," why can't a heterosexual couple fuck on the sidewalk in downtown Minneapolis, why can't you drink in public in certain places, etc. etc. Once again, it was a misdemeanor, and presenting that his life/liberty/pursuit of happiness was infringed by the state is really stretching it. Furthermore, if you really want to get into it, the irony is, this kind of sex is driven partly by the titillation of the danger in doing it, the forbidden quality of it!
September 8, 2007 1:34 PM | Reply | Permalink
You called me a Liberal? I hurt people for that Robert. You may consider me gold plated, but you're ass is obviously candy coated.
You want my opinions on casual, homosexual sex. Not interested in it. Not interested in doing, watching, listening or hearing. That said, two gays want to get together, go someplace private, and engage in the sign of the three lobed finn whale together, all power to them.
Two men want to make a date? Fine with me. They can go out to dinner and a movie, or they can treat themselves to a hotel. There are gay bathhouses and gay bars, and all sorts of places where they can conduct their sexuality in private, in safety, and free from risk.
On the other hand, a public washroom is not one of those places. Nor is the checkout counter in a supermarket. Nor are any number of other public places.
I don't think it's particularly liberal or conservative to prohibit or limit public sex. And really, this is what it's about.
You're being disingenous Robert, in that you are pretending that it's not public sex we're talking about.
The standards of communication and activity that Craig got caught with are the same sorts of standards that prostitutes get busted on all the time. The clear communication of intent and arrangement to engage in a prohibited act. But no one cries for prostitutes.
Are you seriously going to argue that Senator Craig was not trolling for sex? That he was not trolling for sex in a public washroom? I don't think you can maintain either of these points.
So what's your real argument? That there's a possibility that Senator Craig, having stared intently at a man in a toilet stall through the crack in the dor, having entered the adjacent stall, having engaged in toe tapping, having thrust his foot into the other stall, and having reached under... was going to what? Invite the guy out for dinner and candlelight? Take him to a motel?
No, Craig was looking for immediate and instant gratification right there, because that's the history of this particular bathroom, and that's the history of tea rooms.
This was a public room, anyone could walk in. It was an airport, so children could walk in.
So how about if a child walked in? Two men in a stall? Feet sticking up? Creepy sucking or grunting noises? Or maybe they didn't quite shut the stall door? Maybe that's your idea of wholesome fun Robert. I gotta call it creepy, and I don't want kids exposed to any variation of it.
September 8, 2007 1:40 PM | Reply | Permalink
Well, he lost his bet, didn't he. The idjit.
Look, here's some basic primers on criminal law.
A Criminal Court is a court of public record. Everything that goes on there is open to the public, newspapers station reporters there to keep up on who is doing what to whom.
Now, there are several different kinds of appearances in a court of public record.
For instance, on a guilty plea, a conviction is entered, the offense is admitted, and the DA reads the details of the offense into the record in order that the Judge can issue a sentence. The details of the offence thus become part of the public record.
Or there's a trial, in which case, the details of the offence are heard in testimony.
But here's the interesting thing: First appearances are just appearances, the name appears, the charge appears, but the details don't go out to the public. Same as for adjournments and setting trial dates. No details of the offence are read into the record.
If Butthead Craig wanted to keep this low profile, well, he'd have done better taking out a full page add in variety, than what he did.
He could have simply had his first appearance and then adjourned the case. He could have adjourned it for several months for all sorts of reasons, until the DA and Judge started putting their foot down. The better part of a year later, it's not such a big deal.
He could have exercised his timing better, looking or waiting for a big scandal or national crisis, and then sneaking his plea in so no one pays attention.
He could have went DA and Judge shopping, looking for a properly sympathetic duo who could have limited the information that actually went out before the court, impose a gag order, or any number of things.
He could have arranged to render his guilty plea in some podunk one horse town circuit court jurisdiction that the media doesn't cover, and it would have completely slipped through the cracks.
Hell, he could have taken a cue from every other Republican on the face of the planet and timed his plea for the end of the news cycle on Friday, even better, on a friday before a long weekend.
Do you know when he pleaded? Wednesday, August 8! In the middle of a slow news cycle!!
And this on a charge laid on June 10. It wasn't even two months old.
The man was an utter, stone cold, dyed in the wool fool.
The only person stupider than he was, was his lawyer.
Oh wait! He decided to act as his own lawyer, didn't bother to contacts Counsel, get some advice, none of that.
Well, what can we say. The man who acts as his own lawyer has a fool for a client.
September 8, 2007 1:57 PM | Reply | Permalink
No one was arguing that he's not a fool, Valdron. He's a bisexual Republican super-Christian who cruised for sex in public restrooms, isn't he?
September 8, 2007 2:12 PM | Reply | Permalink
And a hypocrite too, you're arguing?
September 8, 2007 5:40 PM | Reply | Permalink
Are you kidding? A Minneapolis restroom is on the way to Congress? Did James Madison put that in or Thomas Jefferson, get your wimpoid tissue removed Reed!
September 8, 2007 5:47 PM | Reply | Permalink
Thanks, Reed!
September 8, 2007 5:50 PM | Reply | Permalink
Craig was no doubt trolling for casual sex. There is no way to know that he intended to engage in any kind of sex that could be considered criminal. We do not punish people for what we think they might do. Even prostitutes must offer to have sex for money before they can be arrested.
If I flirt with a woman in the ticket line should I be arrested because we might do it in public somewhere? Because some child might catch us if we did so?
After the Lawrence supreme court decision, I have a constitutional right to have any kind of sex I want with any consenting adult under the privacy right found in the constitution. I think the equal protection clause would give me the right to flirt with a man in public if I have the right to flirt with a woman in public.
Pardon me for calling you a “Liberal”. I guess you are one of those whimps like Hillary who wants to be called a “Progressive”.
September 8, 2007 5:57 PM | Reply | Permalink
Well, that wasn't the point exactly, but of course!
September 8, 2007 6:24 PM | Reply | Permalink
Ya gotta do better than that.
So if Criag decides to knock his wife off on the whay to Congress he has immunity? I don't think so.
September 8, 2007 7:51 PM | Reply | Permalink
Congressfolks do enjoy said limited immunity from arrest. Here's the Constitution:
Article I, section 6 provides that members “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.”
That doesn't mean they cannot be prosecuted. Just that they cannot be arrested while on their way to and from Congress except for the cited reasons. I expect the intent was to deter attempts to arrest and detain members of Congress in order to make them miss a vote.
September 8, 2007 9:57 PM | Reply | Permalink
Thank you for that concession.
Unless he had a bouquet of flowers and the key to a hotel room ten minutes walk away, then there's a reasonable prima facie assumption that he was trolling for casual sex in the men's bathroom.
But we do punish them for conspiracy, for being a party to an offence, for attempting to commit an offense, etc.
Very true. Prostitutes solicit sex, but the what makes it illegal and gets them arrested is when they name a price, or by some sign indicate a price. Same thing here. He wasn't just soliciting sex, he was initiating contact in a public location.
I can't imagine you flirting with a woman. But let's take that hypothetical case. If you offer the woman money to have sex, then yes, you're committing a crime. If you attempt to have sex in a public place and state the intention or otherwise take action, then yes, you are committing a cri