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(AP) - Attorneys for U.S. Sen. Larry Craig are
asking that the Minnesota Court of Appeals correct a "manifest
injustice" and allow the Idaho Republican to withdraw his guilty
plea stemming from a bathroom sex sting.

      In a 23-page document filed Tuesday, plus appendices, Craig's
attorneys asked the appellate judges to reverse the trial court's
decision to let Craig's guilty plea stand. They also asked that
Craig's guilty plea to a disorderly conduct charge be vacated.

      Craig was arrested in June in a bathroom stall at the
Minneapolis-St. Paul International Airport. An undercover officer
said Craig tapped his feet and swiped his hand under a stall
divider in a way that signaled he wanted sex.

 The senator was
arrested in a broader sweep targeting men soliciting sex in the
airport's bathrooms.

      After news of his arrest became public in August, Craig denied
wrongdoing. He insisted his actions were misconstrued and said he
wasn't gay. He said he pleaded guilty and paid a fine hoping to
resolve the matter quietly.

      He later tried to withdraw his guilty plea, but a Hennepin
County judge refused.

      Tuesday's filing is the latest in a string of back-and-forth
court filings on the case. The document repeats many arguments that
Craig's attorneys made before, including claims that the lower
court abused its discretion and that the guilty plea is invalid
because there is no factual basis for a disorderly conduct charge.

      Craig's behavior as he looked into a bathroom stall was
"consistent with the conduct of an innocent person waiting for one
of the occupied stalls to clear," the attorneys wrote. 

They also
noted that the state's disorderly conduct statute refers to
"others" - and that Craig's actions did not affect multiple
victims.

      Prosecutors have said in court documents that the judge did not
abuse his discretion. They also have argued that Craig's attorneys
are misinterpreting the state disorderly conduct statute, and that
the arresting officer may be the only person present.

      Defense attorneys argued that even though Craig may have pleaded
guilty to avoid publicity and face a more serious charge, that
doesn't change the fact that the plea is inaccurate.

      "The prosecuted conduct, that is, the conduct the State has
alleged, constituted non-verbal communication targeted toward a
single other person who invited and engaged in that communication.
The alleged communication, however, did not result in any conduct
that was disorderly on its face. ... any application of the
disorderly conduct statute to the facts alleged by the State
renders the statute unconstitutionally overbroad," the attorneys
wrote.

      Craig's attorneys also argued that the district court failed to
meet its own burden to verify a factual basis for the guilty plea.
They also said there was no plea hearing and no evidence a judge
reviewed the plea petition.

      The Court of Appeals has not yet set a time for oral arguments.
Once heard, a ruling is required within 90 days.

      Craig has said he will finish his term, which ends in January
2009.

Gallery

Craig attorneys preview arguments for appeals court

Craig vows to stay in office even after judge denies his motion to withdraw guilty plea

Airport adds new dividers in men's restrooms

Prosecutor: Craig request is 'politicking and game playing'

ACLU sides with Craig; says bathroom behavior was free speech

Sen. Craig asks to withdraw guilty plea

 Sen. Larry Craig: 'I am not gay'

Crime, Law and Justice

Politics and Government News

Attorneys for U.S. Sen. Larry Craig are
asking that the Minnesota Court of Appeals correct a "manifest injustice" and allow the Idaho Republican to withdraw his guilty
plea stemming from a bathroom sex sting at the Twin Cities airport.

Craig attorneys ask Appeals Court to correct 'manifest injustice'

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