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Posted: 04:42 PM ET
From CNN's Chris Welch
Craig's attorney said foot tapping may be protected by the First Amendment.
ST. PAUL, Minnesota (CNN) – In an effort to
persuade a three-judge panel to throw out Sen. Larry Craig's guilty
plea, his attorney suggested Wednesday that his foot tapping in an
airport men's room may have been protected by the First Amendment right
to freedom of speech.
The Idaho Republican was arrested in the Minneapolis-St. Paul
airport in June 2007, after an undercover police officer accused him of
soliciting sex by using hand signals and tapping his foot in a bathroom
stall.
Two months after his arrest, and without consulting a lawyer, Craig
later pleaded guilty to a misdemeanor charge of disorderly conduct.
In addition to suggesting that First Amendment may be involved,
Craig's lawyer, Billy Martin, also argued before the Minnesota Court of
Appeals panel that no one besides the arresting officer saw the hand
signals and foot tapping, which would mean no one else was offended by
the behavior and, thus, make the disorderly conduct charge invalid.
Martin also suggested that the judge who previously heard Craig's
case had mishandled his attempt to have his guilty plea thrown out.
Prosecuting attorney Chris Renz dismissed the idea that Craig's foot
tapping was covered by the First Amendment, arguing that no one but the
officer in the adjoining stall could have heard the tapping.
In February, the Senate Ethics Committee issued a "letter of admonition" to Craig in connection to the case.
In the letter, the committee accused him of improper conduct and said his actions reflected "discreditably" on the chamber.
The committee also criticized Craig for using more than $200,000
from campaign funds to pay legal fees related to his case and for
flashing his Senate business card at the officer who arrested him. The
letter said that move could be seen as an improper attempt to receive
"special and favorable treatment."
Craig initially said he would resign after the incident was reported
in the media but later decided to remain in the Senate and fight to
have his guilty plea thrown out. But the three-term senator did not
seek re-election this year and will retire when his term ends in
January.
