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	<title>Comments on: Larry Craig and The Old Superman Trick: Trying to Turn the World Backward on Its Axis</title>
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	<link>http://themoderatevoice.com/15090/larry-craig-and-the-old-superman-trick-trying-to-turn-the-world-backward-on-its-axis/</link>
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		<title>By: Stolios</title>
		<link>http://themoderatevoice.com/15090/larry-craig-and-the-old-superman-trick-trying-to-turn-the-world-backward-on-its-axis/comment-page-1/#comment-98367</link>
		<dc:creator>Stolios</dc:creator>
		<pubDate>Fri, 14 Sep 2007 04:26:38 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/society/law-legal-matters/15090/larry-craig-and-the-old-superman-trick-trying-to-turn-the-world-backward-on-its-axis/#comment-98367</guid>
		<description>Larry Craig may become more than &quot;the hero of the bathroom brigade&quot; if he prevails in this case, Dr. E.  You see, his victory (which, it must be understood, will be a victory only in the sense of giving him a chance to proceed to trial, but not vindicating his denial of the conduct itself) will not uniquely effect merely those who were charged in factually similar cases; rather, it seems to me that it will have a systemic effect on how cases are handled in the court in which his plea was accepted.  After all, if a US Senator without legal counsel is somehow not &quot;intelligent enough&quot; to plead guilty in this court, then how could anyone else be?  

     His victory will result in a horde of applications by nearly everyone else who has entered into a plea in that court (and perhaps all similar courts in Minnesota, depending on how they handle cases where no lawyer is present upon a defendant&#039;s plea of guilty to a crime), who will each contend that they were not &quot;intelligent enough&quot; to proceed without counsel.  

&quot;After all,&quot; they will all say, &quot;if Senator Craig wasn&#039;t intelligent enough to enter a knowing and voluntary plea, then how could you expect little old me to be intelligent enough to do the same thing?&quot;

So Craig&#039;s battle is made even more challenging by what will be his own personal kryptonite, the notion of judicial economy and the importance of stare decisis.  Show me the judge who wants to write the decision which will encourage an avalanche of new motions by defendants seeking the withdrawal of their previously accepted guilty pleas, and which will require the creation of new court procedures required to protect unrepresented defendants such as Craig from offering a  guilty plea, and I will show you a judge who has not only extraordinary confidence in his or her ability to keep her job, but also real guts.

There is surely something to be said for the notion of assuring that defendants who are prepared to plead guilty to a criminal offense (which will lead to them having a criminal record for the rest of their life)  either have counsel appointed by the state, or be required to privately retain their own lawyer if they&#039;re able to.  For many of us, that seems like  second nature.  But for a US Senator to contend that his plea wasn&#039;t intelligently offered - especially after he signed a plea agreement which said, among other things that &quot;the court will not accept the guilty plea of someone who claims to be innocent,&quot; and that he was making &quot;no claim of innocence&quot; at the time he signed the agreement - well, one just has to wonder how the same person can claim that they&#039;re intelligent enough to sit in the Senate.</description>
		<content:encoded><![CDATA[<p>Larry Craig may become more than &#8220;the hero of the bathroom brigade&#8221; if he prevails in this case, Dr. E.  You see, his victory (which, it must be understood, will be a victory only in the sense of giving him a chance to proceed to trial, but not vindicating his denial of the conduct itself) will not uniquely effect merely those who were charged in factually similar cases; rather, it seems to me that it will have a systemic effect on how cases are handled in the court in which his plea was accepted.  After all, if a US Senator without legal counsel is somehow not &#8220;intelligent enough&#8221; to plead guilty in this court, then how could anyone else be?  </p>
<p>     His victory will result in a horde of applications by nearly everyone else who has entered into a plea in that court (and perhaps all similar courts in Minnesota, depending on how they handle cases where no lawyer is present upon a defendant&#8217;s plea of guilty to a crime), who will each contend that they were not &#8220;intelligent enough&#8221; to proceed without counsel.  </p>
<p>&#8220;After all,&#8221; they will all say, &#8220;if Senator Craig wasn&#8217;t intelligent enough to enter a knowing and voluntary plea, then how could you expect little old me to be intelligent enough to do the same thing?&#8221;</p>
<p>So Craig&#8217;s battle is made even more challenging by what will be his own personal kryptonite, the notion of judicial economy and the importance of stare decisis.  Show me the judge who wants to write the decision which will encourage an avalanche of new motions by defendants seeking the withdrawal of their previously accepted guilty pleas, and which will require the creation of new court procedures required to protect unrepresented defendants such as Craig from offering a  guilty plea, and I will show you a judge who has not only extraordinary confidence in his or her ability to keep her job, but also real guts.</p>
<p>There is surely something to be said for the notion of assuring that defendants who are prepared to plead guilty to a criminal offense (which will lead to them having a criminal record for the rest of their life)  either have counsel appointed by the state, or be required to privately retain their own lawyer if they&#8217;re able to.  For many of us, that seems like  second nature.  But for a US Senator to contend that his plea wasn&#8217;t intelligently offered &#8211; especially after he signed a plea agreement which said, among other things that &#8220;the court will not accept the guilty plea of someone who claims to be innocent,&#8221; and that he was making &#8220;no claim of innocence&#8221; at the time he signed the agreement &#8211; well, one just has to wonder how the same person can claim that they&#8217;re intelligent enough to sit in the Senate.</p>
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		<title>By: Dr. Omed</title>
		<link>http://themoderatevoice.com/15090/larry-craig-and-the-old-superman-trick-trying-to-turn-the-world-backward-on-its-axis/comment-page-1/#comment-98281</link>
		<dc:creator>Dr. Omed</dc:creator>
		<pubDate>Thu, 13 Sep 2007 15:54:17 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/society/law-legal-matters/15090/larry-craig-and-the-old-superman-trick-trying-to-turn-the-world-backward-on-its-axis/#comment-98281</guid>
		<description>The first &lt;strong&gt;&lt;em&gt;part&lt;/em&gt;&lt;/strong&gt; of the first sentence...I&#039;m obviously not awake yet.</description>
		<content:encoded><![CDATA[<p>The first <strong><em>part</em></strong> of the first sentence&#8230;I&#8217;m obviously not awake yet.</p>
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		<title>By: Dr. Omed</title>
		<link>http://themoderatevoice.com/15090/larry-craig-and-the-old-superman-trick-trying-to-turn-the-world-backward-on-its-axis/comment-page-1/#comment-98279</link>
		<dc:creator>Dr. Omed</dc:creator>
		<pubDate>Thu, 13 Sep 2007 15:52:46 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/society/law-legal-matters/15090/larry-craig-and-the-old-superman-trick-trying-to-turn-the-world-backward-on-its-axis/#comment-98279</guid>
		<description>Erratum: The first sentence of the second paragraph should read: &quot;I am willing to bet that Senator Craig DOES NOT think of himself as gay.&quot; 

This all happened before there was much awareness of AIDS; I wonder how many of those guys (and their wives and girlfriends) are still alive.</description>
		<content:encoded><![CDATA[<p>Erratum: The first sentence of the second paragraph should read: &#8220;I am willing to bet that Senator Craig DOES NOT think of himself as gay.&#8221; </p>
<p>This all happened before there was much awareness of AIDS; I wonder how many of those guys (and their wives and girlfriends) are still alive.</p>
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		<title>By: Dr. Omed</title>
		<link>http://themoderatevoice.com/15090/larry-craig-and-the-old-superman-trick-trying-to-turn-the-world-backward-on-its-axis/comment-page-1/#comment-98278</link>
		<dc:creator>Dr. Omed</dc:creator>
		<pubDate>Thu, 13 Sep 2007 15:47:09 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/society/law-legal-matters/15090/larry-craig-and-the-old-superman-trick-trying-to-turn-the-world-backward-on-its-axis/#comment-98278</guid>
		<description>Clarissa, as you may know I worked in the early 1980s as projectionist and asst. manager at an old theatre (built in 1931), carbon arc projectors, a single screen, 450 red plush seats. As a kid I watched Disney movies at this moviehouse back in the sixties, but when I was working there, the place had become seedy and a bit run down, and we showed &quot;adult&quot; movies. The mens bathroom was a well-cruised tearoom.  This did not bother me much, but on occasion I had to remind the the tearoom patrons that some of our customers just wanted to use the bathroom for the purpose for which it was intended. Many of the men that frequented the tearoom to have sex there were to all appearances straight, and some of them had wives or girlfriends sitting in the theatre, literally and figuratively in the dark. I think that most of the tearoom customers did not think of themselves as gay, certainly not culturally, and not even as a matter of sexual orientation. I don&#039;t think they thought about much at all. They just liked to have sex with strange men in bathrooms, and this was utterly cut off and irrelevant to the straight lives they led, unless of course they got caught. 

I am willing to bet that Senator Craig thinks of himself as gay; he just likes to have sex with strange men in bathrooms, and he got caught trolling for one. The best way to tell--or live--a lie is to tell it to yourself until you believe it, and forget that you ever knew it was a lie.

This &#039;supreme denial&#039; is what makes Republicans and other self righteous scoundrels so successful.</description>
		<content:encoded><![CDATA[<p>Clarissa, as you may know I worked in the early 1980s as projectionist and asst. manager at an old theatre (built in 1931), carbon arc projectors, a single screen, 450 red plush seats. As a kid I watched Disney movies at this moviehouse back in the sixties, but when I was working there, the place had become seedy and a bit run down, and we showed &#8220;adult&#8221; movies. The mens bathroom was a well-cruised tearoom.  This did not bother me much, but on occasion I had to remind the the tearoom patrons that some of our customers just wanted to use the bathroom for the purpose for which it was intended. Many of the men that frequented the tearoom to have sex there were to all appearances straight, and some of them had wives or girlfriends sitting in the theatre, literally and figuratively in the dark. I think that most of the tearoom customers did not think of themselves as gay, certainly not culturally, and not even as a matter of sexual orientation. I don&#8217;t think they thought about much at all. They just liked to have sex with strange men in bathrooms, and this was utterly cut off and irrelevant to the straight lives they led, unless of course they got caught. </p>
<p>I am willing to bet that Senator Craig thinks of himself as gay; he just likes to have sex with strange men in bathrooms, and he got caught trolling for one. The best way to tell&#8211;or live&#8211;a lie is to tell it to yourself until you believe it, and forget that you ever knew it was a lie.</p>
<p>This &#8216;supreme denial&#8217; is what makes Republicans and other self righteous scoundrels so successful.</p>
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