Sen. Larry "I am not gay, I have never been gay" Craig's legal team has opted for a new tactic, given that their initial attempt to have Craig's guilty plea withdrawn was essentially laughed out of court. Now they are opting to try to invoke something that Republicans haven't seemed too concerned about in the last few years: constitutionality.

MN Star-Tribune: Sen. Larry Craig will argue before an appeals court that Minnesota's disorderly conduct law is unconstitutional as it applies to his conviction in a bathroom sex sting, according to a new court filing.

This is the first time Craig's attorneys have raised that issue. However, an earlier friend-of-the-court filing by the American Civil Liberties Union argued that Craig's foot-tapping and hand gesture under a stall divider at the Minneapolis airport are protected by the First Amendment.

Funny thing about that Free Speech argument, you never know who is going to use it...like maybe a man who described a rather crude and fumbling assignation with Craig twenty years ago, culminating in Craig taking out a twenty dollar bill and saying

‘Remember, I can buy and sell your ass ten thousand times over. You were never here. Don't try to come back here. You don't know me.'

Charming to the last, Larry.