The American Civil Liberties Union is back in Sen. Larry Craig's corner.
The ACLU filed a brief in Minnesota court today making its case for why the court should allow the embattled senator to withdraw his guilty plea
after a now-infamous airport bathroom sex sting operation
According to the brief, the action to which Craig plead guilty
to might not even be a crime.
The argument hinges on the idea that the state would not have been allowed to prosecute Craig if he had offered an invitation for for sex verbally, rather than with hand gestures under a bathroom stall.
It also states that had Craig voiced the sentiments out loud, they would not have met the legal definition of fighting words.
Finally, the ACLU makes the case
that an invitation for sex made in private is not a crime at all.
"There was neither an allegation nor any evidence that Sen. Craig was soliciting for sex to take place outside the restroom stall," states the ACLU in the brief.
And according to Minnesota law, people who have sex in a closed public bathroom stall have an expectation of privacy.
Those Minnesotans must be a frisky lot.