Craig's attorneys back in court

ST. PAUL, Minn. -- Idaho Republican Larry Craig will know before his Senate career ends whether his guilty plea in an airport sex sting will stand.

The Minnesota Court of Appeals will decide within the next 90 days whether Craig should be allowed to withdraw a misdemeanor disorderly conduct plea. Craig made the plea in hopes of clearing up a 2007 arrest.

Craig tried a year ago, but District Judge Charles Porter ruled against it, stating that Craig voluntarily, accurately, and with intelligence decided to plead guilty.

Senator Craig was not in court, but his attorney Billy Martin, known for defending football player Michael Vick, was there to address the three judges.

He told the appeals court that Craig’s action's at the Minneapolis Airport restroom and the arrest did not meet sufficient standard to qualify for criminal conduct.

KTVB file

"There is no evidence in the record to support that the appellant was there for any reason other than for the legitimate reason than to use the facilities," said Martin.

The prosecution said it was an intrusion of private space.

"The conduct in this case is not expressive conduct which warrants a first amendment analysis, and lastly your honors even if you move beyond those two bars the statute in this case is constitutional both when applied and when on its face," said prosecutor Christopher Renz.

Craig’s original charge was gross misdemeanor interference to privacy but in exchange for the plea the charge was lessened to disorderly conduct.

On June 11, 2007, Senator Craig was arrested in the Minneapolis-Saint Paul Airport.

He pleaded guilty on Aug. 8, 2007, to disorderly conduct.

On Sept. 1, 2008, Craig announced his intent to resign as Idaho’s senior senator.

Then on Sept. 10, 2008, he filed a motion to have his guilty plea reversed.

On Oct. 4, 2008, the motion was denied.

Associated Press contributed to this report.