Larry Craig Considers De-Resigning

Looks as though the resignation of Senator Larry Craig (R-Trapped in the Closet), which was supposed to take effect on September 30, may not happen after all. According to the Associated Press:

Sen. Larry Craig is reconsidering his decision to resign after his arrest in a Minnesota airport sex sting and may still fight for his Senate seat, his spokesman said Tuesday evening.

“It’s not such a foregone conclusion anymore, that the only thing he could do was resign,” Sidney Smith, Craig’s spokesman in Idaho’s capital, told The Associated Press.

In the immortal words of former prosecutor and malevolent old harpie Nancy Grace, “Unleash the lawyers”:

Billy Martin, one of Craig’s lawyers, said the senator’s arrest in an undercover police operation in men’s room of Minneapolis-St. Paul International Airport “raises very serious constitutional questions.”

Yep, that’s the same Billy Martin who represents pit bull entrepreneur and former part-time NFL quarterback Michael Vick. From everything I’ve read, Craig’s arrest raises fewer “serious constitutional questions” than Charles Krauthammer’s lickspittle political commentary raises salient points.

Martin is but one member of an all-star crisis management team Craig now has working to clear his good name. The money he’s spending strongly suggests that he’s already decided not to resign and is just waiting until his handlers deem it the right time for a formal announcement.

Meanwhile, conservatives are urging Sen. Craig to get back under the bus where he belongs. Referring to the support Craig has received from Senator Arlen Specter, Michelle Malkin writes, “It is Arlen Specter egging Larry Craig on to help sabotage what’s left of the Republican Party’s credibility.”

UPDATE: Some guy at World Net Daily posits the madcap notion that Article I, Section 6 of the U.S. Constitution may provide a conclusive defense based on the fact that Craig was on his way back to Washington to cast a vote at the time of his arrest in the Minneapolis-St. Paul International Airport.

This is where being a “strict constructionist” can make you look pretty stupid. The relevant constitutional language reads:

[Senators and Representatives] 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 . . . .

If the WND author had done a bit of digging, he would have discovered that the privilege applies only to arrests for civil debts, a fairly common practice when the Constitution was ratified in the late 18th Century. The privilege doesn’t apply to any criminal offense. See, e.g., Long v. Ansell, 293 U.S. 76, 83 (1934); Williamson v. United States, 207 U.S. 425, 446 (1908). There being no debtors’ prisons these days, the privilege is wholly anachronistic.

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