Question:  If a deaf gay guy used sign language to proposition another deaf gay guy in a gay nightclub, would it be a crime?

If not, then why is a toe tap and a hand gesture under the partition of a men’s room stall a crime? 

My question is purely one of legalities — not of politics.  I think he should and must resign simply due to his inability to control his impulses. 

But, he’s being driven from office upon the canard that he “pled guilty” — but I can’t find the elements of a crime in the taped interview. 

When did the solicitation of consensual sexual encounter — not for financial renumeration — become a crime? 

No sex act in public took place.  Maybe Craig would have only exchanged telephone numbers with a willing paramour for the purpose of making a later rendevous. 

Or maybe he wanted to have sex in the men’s room stall.

WE DON’T KNOW.  The ”crime” to the extent its defined here is in the mind of the cop.  A guy touches the cop foot to foot and makes a hand gesture, and the cop slides him a card that says “Police” and he’s under arrest.

 Wow – since I wrote the part above the jump, I found the police report online.  I’m stunned.  The cop placed Craig under arrest when the only “act” committed by Craig was a toe tap and running his hand along the bottom of the stall wall. 

In the plea agreement Craig made the following admission:

“That …. I engaged in conduct which I knew or should have known tended to arouse alarm or resentment of others which conduct was physical (versus verbal) in nature.”

But, these facts DO NOT establish the crime with which he was charged and to which the Hennepin County prosecutor and Court accepted a guilty plea. 

The statute, 609-72(1)(3) — “Disorderly Conduct”, defines the offense as follows:

“Engag[ing] in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.” 

Here’s my problem: 

The language of the statute describes 2 circumstances — one is based on conduct, one is based on language.

The facts set forth supporting the plea supports neither crime as defined in the statute– the plea agreement drafted by Hennepin County prosecutor specifically excludes the language aspect of the statute as it specifically refers to “physical” conduct. 

So, to be guilty of the crime with which he was charged, the facts needed to establish that his conduct was “offensive, obscene, boisterous or noisy….”

The prosecutor that drafted the agreement didn’t define a crime with his facts, as its clear that the statute is not meant to reach “all conduct” which might “tend to alarm, anger or disturb others.” Any statute that attempted to define a crime so broadly and vaguely would be facially unconstitutional. 

So, a toe tap and a running one’s hand along the bottom of the men’s room stall …..

Offensive?  To whom?

Obscene?  To whom?

Boisterous? — No.

Noisy? — Obviously not.

Annoying? Yes, but that’s not a crime.

Craig did himself a disservice by pleading guilty without the presence of a lawyer.  Any good lawyer would have made this cop choke on his interview and his report.

 And this is coming from a prosecutor. 

Sources in the AP and the GOP say Idaho Senator Larry Craig will resign Saturday.

Meanwhile, former DA Mike Nifong was held in criminal contempt for lying to the Court:

“Reading his decision from the bench minutes after the conclusion of two days of testimony, Smith said Nifong ‘willfully made false statements’ to the court in September when he insisted he had given defense attorneys all results from a critical DNA test.

In fact, Smith found, Nifong had provided the defense with a report on the DNA testing that he knew to be incomplete. The omitted data contained test results showing that DNA of multiple men, none of whom were lacrosse players, was on a woman who said she was attacked at a March 2006 party thrown by Duke’s lacrosse team.”

Judge Smith will immediately consider Nifong’s punishment which could be up to 30 days in jail and a $500.00 fine.

I’m not knowledgeable about Virginia politics but this seems like good news & bad news:

“Republican Sen. John Warner of Virginia, one of the most authoritative voices in Congress on the military and a key figure in the debate over Iraq, said Friday he will not seek a sixth term in 2008.”

There’s nothing worse than some old conservative with an opinion on everything who repeatedly undermines the leader of his own Party. (Except, of course, insofar as that applies to me - which it undoubtedly does on occasion.)

Any idea what this means for Virginia politics?

The exodus from the Bush Administration continues:

“US President George W. Bush announced Friday the departure of his main spokesman Tony Snow, and named assistant Dana Perino to the job. Snow, 52, a former radio journalist who joined the White House in May 2006 only to see his colon cancer return, will officially step down on September 14.”

It’s not unusual for staff to leave as Presidents enter lame-duck territory and this was expected after Snow announced earlier he would be leaving. However, Snow is an effective communicator and I’m sorry to see him go.

Update: Here’s a video link. He’s a classy guy and I wish him the best.

“On September 6, 2007, Fred Thompson will be announcing his intention to run for President of the United States with a webcast available to millions at www.imwithfred.com.”

Thursday, August 30, a county judge ruled same-sex couples can wed in Iowa:

“A county judge struck down Iowa’s decade-old gay marriage ban as unconstitutional Thursday and ordered local officials to process marriage licenses for six gay couples. Gay couples from anywhere in Iowa could apply for a marriage license from Polk County under Judge Robert Hanson’s ruling.

Less than two hours after word of the ruling was publicized, two Des Moines men applied for a license, the first time the county had accepted a same-sex application. The approval process takes three days.”

Reaction to the ruling was mixed:

“I started to cry because we so badly want to be able to be protected if something happens to one of us,” [29-year-old bride David Curtis] Rethmeier said.

“I can’t believe this is happening in Iowa,” [House Minority Leader Christopher Rants] said. “I guarantee you there will be a vote on this issue come January,” when the Legislature convenes.