By now everyone knows that Sen. Larry Craig (R-Hypocrite) is asking a Minnesota state court to let him withdraw his plea of guilty to a disorderly conduct charge arising from an incident in which he allegedly tried to solicit gay sex from some dude who turned out to be an undercover cop.
The prosecutor filed a memorandum in opposition to Craig’s motion yesterday, along with a supporting affidavit. The bad news for Craig: the prosecutor’s brief is pretty good.* The good news for Craig: well, there probably isn’t any.
The prosecutor’s recent filings and some good commentary on the case are available here courtesy of TalkLeft. The prosecutor scores many a point over the course of forty-one pages, but the basic thrust is that Larry gambled on being able to keep the whole mess quiet and lost, which in no way makes the plea anything other than accurate, voluntary and intelligent.
But hey, it’s not all bad for the good senator. As Adam Cohen notes:
The best thing that Mr. Craig has going for him may be that his case is being heard by a Minnesota state court, not a federal one. The last kind of judge Mr. Craig would want to appear before is one with the harsh legal philosophy he and his Republican colleagues have been foisting on the rest of us.
*I’d have left out “pretty” but for the fact that the brief’s first sentence advises that the court MUST deny Craig’s motion. You never, ever tell a judge what s/he “must” do.