Craig makes new argument on bathroom incident

There’s no sign that Sen. Larry Craig (R-Idaho) is giving up his quest to overturn his guilty plea in a bathroom sex sting.

In a legal brief filed with the Minnesota Court of Appeals Tuesday, Craig’s attorneys argue that the underlying disorderly conduct act wasn’t criminal because it didn’t involve multiple victims.

{mosads}The lawyers contend that Minnesota disorderly conduct law “requires that the conduct at issue have a tendency to alarm or anger ‘others,’” which they argue could not have been the case inside the airport restroom that day because only the undercover police officer was present. They also cite other convictions overturned because the multiple-victim test wasn’t met.

Craig pleaded guilty in August after his arrest two months earlier on disorderly conduct charges arising from an undercover sting operation focused on catching men soliciting sex in public restrooms.

Craig has denied soliciting sex in the bathroom and said he regretted his guilty plea. A district court judge denied his attempt to withdraw the guilty plea and now the Minnesota Court of Appeals must decide whether to support or overturn that decision.

“Pursuant to Minnesota law, there is an insufficient factual basis to support the finding that he is guilty of violating any laws while passing through the Minneapolis airport,” Craig’s lead attorney, Billy Martin, said. “Thus, we renew our arguments that it is manifestly unjust to deny Senator Craig’s request to withdraw his guilty plea.”

The state has 45 days to file a response to Craig’s latest argument.