Prosecution moves to strike ACLU amicus brief supporting Craig's motion to withdraw guilty plea

Yesterday the prosecution in Sen. Larry Craig's case filed a very short motion to strike the very silly amicus brief previously filed by the ACLU in support of Craig's pending motion to withdraw his guilty plea. The prosecution's supporting memorandum argues that Minnesota law doesn't permit amicus briefs in trial court proceedings, but then goes on to address the ACLU brief's merits, or rather, the lack thereof.

I doubt there will be a formal ruling on the motion to strike before the oral argument scheduled for next Wednesday, September 26th, on Craig's motion. And I suspect that the real point of yesterday's filing was not such much to try to make the judge pretend he hasn't even read the ACLU's brief as, instead, to (a) rebut it and (b) give the judge a ready excuse (if he wants or needs one) for not bothering to address the ACLU's arguments directly if he makes an oral or written explanation for his ruling on Craig's motion.

I didn't see any particular surprises in this filing, but I'm still looking forward to seeing the prosecution's response on the merits to Craig's motion, hopefully next Monday.

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In the meantime, Craig continues to leave open the possibility that he might not leave the Senate by his self-imposed September 30th deadline:

U.S. Sen. Larry Craig said Thursday that he's waiting to find out whether a judge dismisses his guilty plea next week before he decides whether he'll step down from the Senate at the end of the month.

"I just don't know yet," Craig said, when asked whether he would resign Sept. 30.

His decision to continue in office past his self-imposed deadline will depend on "the legal issues, and those kind of things I'm working on," Craig, R-Idaho, told McClatchy Newspapers in a brief interview.

I don't suppose Sen. Minority Leader Mitch McConnell (R-KY) has the power to require Craig to file a written motion to withdraw his "intent to resign" announcement. But he may have other remedies in mind to crank up the pressure on Craig to keep his promises at least in that respect, even if Craig is successful at next week's hearing.

I continue to believe Craig won't be, however. And I continue to hope that the prosecution call Craig to the witness stand at the hearing next week — which, as I've previously written, I believe the prosecution is entitled to do based on Craig's having submitted a sworn affidavit with his motion. Faced with a snap decision whether to take the stand to face cross-examination or not, Craig might drop his motion to withdraw his guilty plea on the spot. Of course, that would presume that he and his lawyers have a rational appreciation of their risks and benefits, and there's no evidence yet to support that theory, and considerable contrary evidence.

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Finally for now, just in case this case isn't bizarre enough for you yet, there's this:

[T]he American Land Rights Association, based in Battle Ground, Wash., says that Craig's misadventures were actually just another salvo in the "War on the West."

As the ALRA explained in an e-mail to members: "By ambushing Senator Larry Craig, the Minneapolis-St. Paul Airport Police have effectively declared war on the West. They are primarily responsible for greatly weakening private property rights and Federal land use advocates in the Senate Energy and Natural Resources Committee and in Congress. We are urging you to make all your flight arrangements avoiding the Minneapolis-St. Paul Airport for at least the next year and probably longer. We'll keep you posted as the boycott develops."

Oh, yes. Please keep us posted. From there in the second stall on the left, Sgt. Karsnia seems likely to grind all free Westerners under the heel of, umm, Minnesotan hegemony.

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Previous posts on the Craig matter, oldest to most recent:

1. The answer to the "Why was this a crime?" crowd on the Craig matter
2. Craig "reconsidering" resignation; and his chance to withdraw his guilty plea is probably better than Beldar first presumed
3. Has Larry Craig hired the part-time prosecutor who filed the complaint against him?
4. Craig swears that on the date of his arrest, he "decided to seek a guilty plea to whatever charge would be lodged" against him
5. In letter forwarding proposed plea, prosecutor Renz repeatedly reminded Craig of his right to counsel and warned that plea would result in "a conviction for Disorderly Conduct appearing on [his] criminal record"
6. ACLU files silly brief in support of Craig's plea withdrawal