Though plea stands, Craig plans to stay in Senate

In the latest twist to the Larry E. Craig saga, the Republican senator from Idaho decided Thursday to stay in office for the rest of his term, even after losing a legal bid to withdraw his guilty plea to disorderly conduct in a men’s restroom.

Craig said his return to the Capitol after he became entangled in a sex-sting operation had convinced him that he could represent his state’s interests while also working to clear his name.

Earlier he had pledged to resign if he lost in court, and his decision to go back on that pledge has surprised and infuriated some of his GOP colleagues. It also complicates the party’s struggle to move out from under the cloud of ethical lapses that contributed to the election losses last year, when Democrats gained control of Congress.

“He had his day in court. The judge ruled against him. He should keep his word,” said Sen. John Ensign of Nevada, who as head of the chamber’s GOP campaign committee is scrambling to hold onto Republican seats in next year’s election.

“If he loves his party, if he loves the Senate, he’ll keep his word,” Ensign said.

Craig kept a low profile Thursday. Reporters tried to catch up with him outside the Senate chamber for an afternoon vote, but Craig did not show up.

Earlier in the day, a Minnesota judge rejected Craig’s request to withdraw the guilty plea that stemmed from his June arrest by an undercover officer investigating complaints of lewd conduct in a men’s restroom at Minneapolis-St. Paul International Airport.

In a statement issued by his office, Craig said he was disappointed by the ruling but planned to remain in office until expiration of his term, in January 2009, but would not seek reelection. “I will continue to serve Idaho in the United States Senate,” he said. “As I continued to work for Idaho over the past three weeks here in the Senate, I have seen that it is possible for me to work here effectively.”

How effective he can be is unclear. He remains stripped of his leadership positions on committees. And he faces an investigation by the Senate Ethics Committee, which could decide to hold public hearings.

The committee is conducting a preliminary inquiry, said Natalie Ravitz, a spokeswoman for Chairwoman Barbara Boxer (D-Calif.).

The committee can recommend a senator’s expulsion, which would require the approval of 67 senators, a two-thirds majority. The chamber has not expelled a member since 1862. In 1995, the panel called for Sen. Bob Packwood (R-Ore.) to be expelled for sexual and official misconduct; he resigned shortly after.

Craig, 62, has served almost 17 years as a senator -- after 10 years in the House -- and has become a leading voice on Western issues.

In the lewd-conduct case, he was accused of using established signals to indicate he was seeking sex, including tapping his foot, moving his foot to touch the undercover officer’s foot in the next stall and repeatedly sliding his hand under the stall divider. According to the officer, he explained his actions by saying that he had “a wide stance” and that he was picking up a piece of paper on the floor.

Craig has denied any wrongdoing and has said he regrets his guilty plea. The senator, who is married, has said repeatedly that he is not gay.

During a September news conference in Boise, Idaho, surrounded by friends and supporters, Craig announced that he intended to resign at the end of the month. But he later said he would stay in office pending a judge’s decision on his request to withdraw the guilty plea.

On Thursday, Judge Charles A. Porter Jr. of the Hennepin County District Court in suburban Minneapolis denied Craig’s petition because his guilty plea was “accurate, voluntary and intelligent, and because the conviction is supported by the evidence.” He said Craig knew what he was doing when he entered his plea, adding that “a career politician with a college education is of at least above-average intelligence.”

Porter also concluded that by mailing in his plea, Craig was trying to avoid publicity. The judge said that action allowed Craig to keep potentially embarrassing details out of the public record, such as the facts that Craig had asked the prosecutor to send the paperwork to his office in Washington and that he had sent a handwritten note to the prosecutor thanking him for his “cooperation.”

In the Capitol, a number of Craig’s usually chatty colleagues issued “no comments” on their way into the chamber, but others expressed disappointment.

“You don’t want to know how I really feel,” said Sen. Jim DeMint (R-S.C.).

Sen. Norm Coleman (R-Minn.), who had called on Craig to resign, said, “The right thing for him to do was what he said he would do.”

Idaho’s junior Republican senator, Michael D. Crapo, and Sen. Arlen Specter (R-Pa.) expressed support for their colleague.

“He’s got seniority, developed relationships; he’s got committee assignments that put him in a strong position to continue working hard for and representing Idaho. I support him,” Crapo said.

Specter said disorderly conduct was not an issue of moral turpitude and no reason to leave the Senate.

A Senate GOP aide, who requested anonymity because he was not authorized to speak about Craig, said Craig was “like George Costanza on the ‘Seinfeld’ episode [when he] quit his job and then came back to work the next day and pretended that nothing happened.”

Craig’s troubles have added to the GOP’s woes, which have included a search of Sen. Ted Stevens’ Alaska home by federal agents investigating corruption, and Louisiana Sen. David Vitter’s apology for a “very serious sin” after his phone number turned up on an alleged Washington madam’s records.

Four Republican senators besides Craig have announced plans to retire in 2009, and Democrats, who control 51 seats in the chamber, think they have a chance of capturing those seats.

If Craig had resigned, Idaho Republican Gov. C.L. “Butch” Otter was prepared to announce a replacement who would have been an incumbent in 2008. Now, Republican candidates will have to run with Craig still in office.

Ensign said Craig’s decision may end up putting the Senate through a painful ethics investigation. “It’s embarrassing for the Senate; it’s embarrassing for our party,” he said. “It’s going to be potentially further embarrassing for his family.”

Craig received no support from the White House on Thursday.

Spokesman Scott Stanzel said in a statement: “We supported Sen. Craig’s original decision to resign. Now he has made a new decision. Any future steps will be up to him, the people of Idaho and his Senate colleagues.”

In Idaho, Greg Smith, a pollster who has worked for Craig, said he was surprised.

“When I heard about the decision, I figured the bird was dead and it was time to put a fork in it,” he said. “But now that I think about it, I realized I’d forgotten one thing: He’s a very, very proud man. If he believes that he’s right and that he hasn’t done anything wrong, he’ll fight to the bitter end. If he thinks he’s right, he’s as stubborn as an old mule.”

Craig’s decision is “all anyone’s talking about” in Idaho, he added.

Randy Stapilus, a former political editor for the Idaho Statesman newspaper, said that if Craig left now, he would be known for “this one incident.”

“If he stays for a time, it’s possible that he could affect the permanent shorthand recognition of the Craig name as something more than ‘Oh, he’s that senator who was busted in the airport bathroom.’ ”

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richard.simon@latimes.com

p.j.huffstutter@latimes.com

Simon reported from Washington and Huffstutter reported from Chicago.