Sen. Craig may rethink his resignation, but he’ll remain guilty of a gay-sex crime!

Lawyers all over Washington seemed dumbfounded today by reports that Craig’s announcement of his “resignation” from the US Senate on Saturday was merely a statement of his intent to resign. But I was not dumbfounded so much by this “Breaking News” as I was by the reaction of fellow lawyers to it. After all, here’s what I wrote and published on Saturday – minutes after watching Craig read his resignation script on CNN:

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Caving under an unrelenting torrent of outrage and expressions of disgust – from virtually everyone, including fellow Republican Senators and erstwhile supporters – Sen. Craig finally announced his resignation.

Unfortunately, he seemed even more pathetic and disingenuous announcing his resignation today – complete with affected defiance and indignation – than he did proclaiming he’s not gay on Wednesday. Here’s a little of what he said:

Of course, it behooves one to be suspicious whenever a politician says that he intends, or does not intend, to do something; because he invariably does the opposite. Besides, Craig left no doubt that, even if he honors his intent to resign, “he will not go gentle into that good night”.

In fact, he reiterated his clueless determination to have his guilty plea (for soliciting gay sex in the men’s room at the Minneapolis Airport) expunged, and concluded this press conference by vowing:

Whatever Mr Craig! Bottoms up….

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But as I wrote this on Saturday, I assumed that even politically-savvy non-lawyers would have recognized the artful dodge that was punctuated like a red flag in Craig’s statement. And, more to the point, it is certain beyond any reasonable doubt that – under Minnesota law – Craig doesn’t stand a snowball’s chance in hell of having his guilt plea expunged.

Returning to the Senate, however, is an entirely different matter. Because this depends primarily on voters – who have demonstrated an uncanny propensity to forgive conduct in their state representatives that they utterly condemn in other members of Congress. And I’m sure no one is more grateful for this antic voting disposition than Senate superstars like Sen. Ted Kennedy (D-MA) and Sen John McCain (R-AZ) – who was the first to call for Craig’s head on a platter.

(Incidentally, although Kennedy’s personal transgressions remain notorious, I suspect few of you are aware that McCain was one of the Keating five [all Senators] who took bribes, um, er, campaign contributions in the late 1980s from bank swindler Charles H. Keating. In exchange, they abused their power by strong-arming federal regulators to back off their investigation of Keating’s fraudulent practices at Lincoln Savings and Loan Association of Irvine, California. This then allowed him to continue fleecing thousands of Americans out of their savings, and ultimately led to the collapse of many Savings and Loan institutions in the United States.)

Alas, even though Craig may reek like a moral skunk in the chamber, his fellow senators have neither moral standing nor political precedent to kick him out of the Senate on ethical grounds. Indeed, no one is accusing Craig of abusing his power to enrich himself to the detriment of innocent American citizens. Therefore, here’s to allowing his guilty conscience or Idaho voters decide Craig’s political fate.

Stay tuned….

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Senator Craig is not a gay man…OK?!…

* Published originally yesterday, Wedneday, at 5:15 pm

Senator Larry Craig resignation