Despite ruling, Craig to stay in Senate

WASHINGTON -- Idaho Sen. Larry Craig lost a bid Thursday to withdraw his guilty plea in a men's room sex sting but defiantly vowed to finish his Senate term, prolonging a headache for Republican leaders already facing a tough political climate.

Craig had announced plans to resign his seat by Sept. 30, but wavered when he went to court in hopes of withdrawing his plea. He issued a statement Thursday on staying in the Senate shortly after Idaho Gov. C.L. "Butch" Otter, R, relayed word he had selected a replacement for Craig in the event of a vacancy.

"I have seen that it is possible for me to work here effectively," Craig said in a written statement that disappointed fellow Republicans who have urged him to step down. Craig, 62, said he will not seek a fourth term in November 2008.

"He is ready to act should we receive a letter of resignation," said Jon Hanian, Otter's spokesman.

Craig said in his statement: "I will continue my effort to clear my name in the Senate Ethics Committee -- something that is not possible if I am not serving in the Senate."

The bipartisan ethics panel has already signaled it is reviewing details of Craig's case, a step requested by Senate Republican leaders. His decision to stay and fight raises the strong possibility of public hearings -- almost certain to be televised -- centered on the issue of gay sex.

Senate Republicans made clear they wish Craig would leave office and let them forget the episode that has fueled jokes on late-night television for weeks. Idaho is likely to remain in the GOP column after next year's election, but Craig's insistence on finishing his term was received frostily by colleagues.

"Senator Craig gave us his word" that he would resign by Sept. 30 if he could not overturn the guilty plea, said Sen. John Ensign of Nevada, who chairs the GOP campaign committee overseeing next year's Senate elections. "I wish he would stick to his word.

"It's embarrassing for the Senate, it's embarrassing for his party," Ensign said. Asked if Craig staying would be a distraction for the party, Ensign said: "it may be a personal distraction for me."

Senate Republican Leader Mitch McConnell of Kentucky -- who called Craig's actions "unforgiveable" when they first became public -- had little to say Thursday. "That whole matter is before the Senate Ethics Committee, and will be dealt with by Senator Craig and the ethics committee," he told reporters.

Craig was arrested June 11 in a men's room in the Minneapolis airport by an undercover officer. The officer said Craig had exhibited behavior consistent with seeking a sexual encounter.

Craig said he had panicked when arrested, and pleaded guilty to disorderly conduct because an Idaho newspaper had been aggressively investigating allegations that he was gay. Craig says he is not gay.

His arrest and guilty plea were reported Aug. 27 by Roll Call.

In his ruling Thursday, Hennepin County Judge Charles Porter wrote: "Because the defendant's plea was accurate, voluntary and intelligent, and because the conviction is supported by the evidence ... the defendant's motion to withdraw his guilty plea is denied."

Craig's lawyer, Billy Martin issued a statement saying his client was considering whether to appeal the ruling.

"Senator Larry Craig maintains that he is innocent and there is insufficient evidence to support a finding that he is guilty," Martin said. "Thus, we renew our arguments that it is manifestly unjust to deny Senator Craig's request to withdraw his guilty plea. Senator Craig continues his steadfast denial that any inappropriate behavior took place at the airport."

Craig, in his separate statement, said he was disappointed in the ruling. "I am innocent of the charges against me," he said.

Craig, a conservative with close ties to gun rights groups, said that during five terms in the House and three in the Senate, "I have accumulated seniority and important committee assignments that are valuable to Idaho."

He did not mention that at the request of his party's leaders, he relinquished the GOP leadership posts on his current committees.

Craig says his actions in the Minneapolis-St. Paul International Airport bathroom June 11 were misconstrued by the arresting officer. The officer said Craig had looked into his bathroom stall. After taking the adjacent stall, the office said, Craig tapped his foot and moved his hand under the divider in a way that suggested he was looking for a sexual partner.

During an interview with the officer, Craig denied that. But he pleaded guilty on Aug. 8, saying he hoped to keep the matter quiet.

Porter rejected that as a good reason to withdraw the plea. Any pressure Craig was under "was entirely perceived by the defendant and was not a result of any action by the police, the prosecutor, or the court," he wrote.

Minnesota law allows a plea to be withdrawn if a "manifest injustice" occurs.

"It is not a manifest injustice to force the defendant to be bound by his plea bargain and the waivers and admissions which he made in conjunction with the execution of that bargain," Porter wrote.

Sen. Mike Crapo, R-Idaho, Craig's closest ally in the Senate, said Craig "has the right to pursue his legal options as does any citizen, and I support his effort. I look forward to serving with him as we continue to work on issues important to Idaho."

Sen. Arlen Specter, R-Pa., who had encouraged Craig to try to overturn his plea, told reporters Thursday that his colleague had the right to stay in office. "Disorderly conduct is not moral turpitude," Specter said, "and is not a basis for leaving the Senate."

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Associated Press writers John Miller in Boise, Patrick Condon in Minneapolis and Matthew Daly, David Espo and Laurie Kellman in Washington contributed to this report.