If Craig Reneges On His Plea Deal, Won't MN Levy Even Heavier Charges?

[stopbush]

From what I've heard about the original police report, there was plenty of evidence there to slam Craig pretty hard. He copped to a LESSER offense, after all.

So, if Craig gets his plea overturned, won't MN be forced to go forward with charges that are much worse? After all, the state offered him the deal. It's not something he came up with.

Looks like a trial is looming in Larry's future.

[Fresh_Start]

1. I read that Craig has a Constitutional out

something about members of Congress not being able to be charged with crimes on their way to/from Congressional business.

Should be fun if its true

[truebrit71]

3. That is unlikely to work..and if that is the case then Cynthia McKinney needs a do-over as well....

...

[Fresh_Start]

10. I don't recall that it in the actual body of the Constitution

I'm guessing its something from case law.

[BlooInBloo]

24. What he's going to TRY is stated quite clearly in the Constitution - Article I, Section 6...

... Whether or not it's applicable is of course another issue.

http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html

[Bitwit1234]

14. You are correct about her she should not have been charged then.

Besides, how is Minneapolis a lay over to Idaho. If Craig was going to or from Idaho he would have stopped in Chicago. I didn't know Minneapolis was a hub.

[Fresh_Start]

17. Minneapolis is a hub

used it all the time.

[goodhue]

23. Northwest Airlines is based in Minnesota and has major hub at MSP

Craig sates that he was at the MSP airport almost weekly and at that particular bathroom regularly

http://msnbcmedia.msn.com/i/msnbc/sections/news/Craigtranscript.pdf

[karlrschneider]

6. He probably could have used that privilege in the beginning but it doesn't apply

after he has pled guilty...

[Fresh_Start]

11. Dont know about that

If it was a bad arrest, I'd guess it will be overturned

[MNDemNY]

8. I believe it's "unduly detained" they can still be charged.

[Fresh_Start]

12. I wasn't aware of any equivalent language in the Constitution

do you know what the basis of the argument is?

[nebenaube]

15. I'm sorry

but some pervert learing through the crack in a bathroom stall is "Breach of the Peace".

[Jim__]

16. Sounds like a good argument.

Article I Section 6:

(The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.) (The preceding words in parentheses were modified by the 27th Amendment.) They 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; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

Here's what wikipedia has to say about "breach of the peace":

The first two are somewhat self-explanatory; it has been suggested that the third is deliberately somewhat vague. The doctrine thus established is called Congressional immunity; it arose out of the necessity to prevent a vengeful executive from arresting members of the legislative branch on a pretext to prevent them from taking actions that the executive might find to be displeasing. In recent years, this doctrine has been used to prevent members from being stopped and held for speeding on their way to sessions; this apparently is not a "breach of the peace", where as perhaps another misdemeanor such as "drunk and disorderly" might be construed to be such.

[BOSSHOG]

2. Hopefully a long, laborious, embarrassing trial

with craig calling tom delay, rush limbaugh, tucker carlson, ann coulter and other members of the party of integrity as character witnesses.

[Maddy McCall]

5. Oh, yeah. And with dozens of other men...

who've encountered Craig in restrooms across America coming forth, too.

This is a gift that has fallen in the lap of Democrats, if he continues to keep himself in the bathroom-stall limelight.

[BOSSHOG]

7. Give me a C - Give me an R - Give me an AIG - Hang in there Larry

Did ya get my PM Maddy? I let ya down last week.

[Maddy McCall]

13. You didn't let me down...

we changed our mind about going...we always do that. :(

I'll PM you back this evening. :hug:

[DemocratSinceBirth]

4. They Will Restore The More Embarrassing "Interference With Privacy" Charge

He could conceivably end up in jail if convicted...

I wonder "what he would think about that"...

[LibDemAlways]

9. I'm thinking Craig and his lawyers are examining every

political avenue for getting the charges dismissed outright. I would love to see Pawlenty's phone records the past couple of days.

[DemocratSinceBirth]

18. Pawlenty Could Pardon Him But "Everybody Knows What Happened"

You can't unring a bell...

[Venus Dog]

19. This is a dream come true for the Dems!!

Keep fighting Larry!!

[goodhue]

20. the legal standard to overturn the plea is manifest injustice

http://www.lawlibrary.state.mn.us/archive/ctappub/0708/opa061563-0828.htm

“For a guilty plea to be valid, it must be accurate, voluntary, and intelligent (i.e., knowingly and understandingly made).” Sykes v. State, 578 N.W.2d 807, 812 (Minn. App. 1998) (quotation omitted), review denied (Minn. July 16, 1998). “Once a guilty plea has been entered, there is no absolute right to withdraw” that plea. Shorter v. State, 511 N.W.2d 743, 746 (Minn. 1994). But Minn. R. Crim. P. 15.05, subd. 1, allows a defendant to withdraw a guilty plea upon a timely motion and showing of manifest injustice. The burden is on the defendant to demonstrate that the refusal to allow him to withdraw his plea is manifestly unjust. State v. Christopherson, 644 N.W.2d 507, 510 (Minn. App. 2002), review denied (Minn. July 16, 2002). It is manifestly unjust to refuse to allow the defendant to withdraw a plea if that plea is not accurate, voluntary, or intelligent. Id.; see also Alanis v. State, 583 N.W.2d 573, 577 (Minn. 1998). A reviewing court will reverse the district court’s determination of whether to permit withdrawal of a guilty plea only if the determination was an abuse of the district court’s discretion. Barragan v. State, 583 N.W.2d 571, 572 (Minn. 1998).

[wellstone dem]

21. One of the talking heads

said that there might be something wrong with the paper he signed, since he didn't appear in court--they said it didn't specifically again advise him of his right to an attorney,which would happen in an in-court action. So that was what they said was the basis of the talk about overturning the plea. I have no clue if this is accurate. Even so,it would only mean there would be a trial not that the whole thing would be thrown out.

[goodhue]

22. yes, i heard on MPR that potential defect of written plea was lack of clear waiver of representation

and that coupled with nonappearance for plea, COULD be the basis for post-conviction relief.
frankly i'd love it if they allowed craig to withdraw
he would stay in senate AND we would get to enjoy a trial
bring it on