LEWDNESS

Behavior that is deemed morally impure or unacceptable in a sexual sense; open and public indecency tending to corrupt the morals of the community; gross or wanton indecency in sexual relations.

Senator Larry Craig Disgraced in Airport Restroom Incident

Senator Larry Craig (R.-Idaho) became embroiled in a major controversy in 2007 when he was arrested in a Minnesota airport for allegedly soliciting sex from an undercover male police officer. Craig initially pleaded guilty to the charges, but when the incident became public, he attempted to recant. The controversy cost Craig his leadership positions in the Republican Party and cost him his political career.

Craig grew up in an ranching family in Idaho, served in the Idaho NATIONAL GUARD for three years, and was a member of the Idaho state legislature during the 1970s. He first entered Congress in 1981 when he was elected to the House of Representatives from the first district in Idaho. In 1990, he was elected to the Senate for the first time and was reelected to the position in 1996 and 2002.

Craig has been an outspoken proponent for initiatives that would limit gay and lesbian rights. He has supported a federal constitutional amendment that would ban same-sex marriage, noting that he believes it is “important for us to stand up now and protect traditional marriage, which his under attack by a few unelected judges and litigious activists.” Craig supported the Defense of Marriage Act in 1996, which would have prevented states from having to recognize same-sex marriage performed in other states. Craig in 1996 also voted against legislation that would have outlawed employment discrimination based on sexual orientation.

Craig was present at the Lindbergh Terminal in Minneapolis-St. Paul on June 11, 2007. According to the police report filed in the case, Sergeant Dave Karsnia entered one of the restrooms at the airport at noon. Karsnia was dress in plain clothes and had entered the restroom to investigate allegations of sexual activity there. About fifteen minutes after Karsnia entered the restroom, Craig appeared outside of the stall where Karsnia was sitting. Craig hovered outside of the stall for about two minutes, looking into Karsnia's stall several times through the crack in the doorway.

When a stall next to Karsnia's came open, Craig entered and placed his roller bag in front of the stall. This tactic is apparently used to block the view from the front of the stall in order to conceal sexual activity. Craig allegedly began to tap his right foot, which is another sign that he wanted to solicit sex. At one point, Craig moved his right foot so that it touched Karsnia's left foot. Craig then made gestures by running his hand underneath the divider between the stalls. This activity continued for about four minutes until Karsnia displayed his badge underneath the stall door and motioned for the exit to the restroom. Craig responded by shouting “No!” and left the stall without flushing the toilet.

Craig initially resisted going to the police operations center at the airport, but he finally agreed to do so. He was read his Miranda rights and then interviewed. At one point, he apparently showed the officer his Senate business card. Craig argued that the reason his foot touched the officer's was because he has a “wide stance” when using the restroom. The senator also said that he had bent over to pick up a piece of paper on the floor in an attempt to explain why the officer could see his hand motions.

Karsnia's report refuted Craig's claims, noting that there was no paper on the floor as Craig had stated. The senator said that he could not recall other events that the officer alleged. After the interview, Craig agreed to enter a guilty plea for his actions. He pleaded guilty to charges of interference with privacy and disorderly conduct , which were lesser offenses to the more serious public lewdness charges that could have been brought. Craig paid a $500 fine along with his guilty plea.

Craig's guilty plea came on August 8, and at that time his arrest was not public knowledge. News of his arrest was first published by the Washington newspaper Roll Call, and the story gained widespread interest afterward. Republican leaders immediately expressed their concerns regarding Craig's leadership. The Idaho Statesman stepped up its investigation of accusations regarding other incidents where Craig may have solicited sex from other men.

On August 28, Craig made a public statement that he did nothing wrong at the airport and instead claimed that he had pleaded guilty to make the problem go away. “In pleading guilty, I overreacted in Minneapolis, because of the stress of the Idaho Statesman's investigation and the rumors it has fueled around Idaho,” Craig said. “Again, that overreaction was a mistake, and I apologize for my misjudgment.

One day after making his first public statements about the incident, a number of Republicans called for him to step down. “I believe that he pleaded guilty, and he had the opportunity to plead innocent,” said Republican senator and presidential candidate John McCain. “So, I think he should resign. My opinion is that when you plead guilty to a crime you shouldn't serve.” Others echoed this opinion, noting that if he did not resign voluntarily the voters of Idaho could make their opinions known. Craig agreed to step down as the leading Republican on several Senate committees.

On September 1, 2007, Craig announced that he would resign from the Senate, effective September 30. However, less than a week later, he said that he would not resign, pending the outcome of his efforts to withdraw his guilty plea. His effort to remain in the Senate angered others in the G.O.P., who believed that they had contained the damage caused by the scandal. Craig did not step down as he announced, even though a Minnesota judge ruled that Craig could not withdraw his guilty plea. Craig appealed this decision to the Minnesota Court of Appeals. As of July 2008, briefing was completed and oral argument will likely take place in the fall.