The most interesting subplot of Sen. Larry Craig's decision to overturn his guilty plea and fight the Senate Ethics investigation is the role of Sen. Arlen Specter. Because of his concern that Sen. Minority Leader Mitch McConnell was genuflecting to social conservative's desire to put this scandal behind an increasingly troubled party quickly, Specter encouraged Craig to fight.

The details may sound like inside the Beltway nuance that no one will care about, but here is why everyone should: moderate Republicans seem to be finding a spine, refusing to allow social conservatives to subvert Senate precedent, and potentially due process. Sen. Craig's lawyers suggest he "panicked" and confessed to something he could easily have fought and had expunged.

If only moderates would stand up for all American's rights, and not just those of a fellow Senator.

With Giuliani leading national polls, perhaps moderate Republicans are shedding a generation of cow-towing to the the holier-than-thou-crowd, reminded that they once knew how to lead.

On Hardball, Howard Fineman of Newsweek said, "It seems to me" that Sen. Specter is "trying to create a nightmare for [Senate Minority Leader] Mitch McConnell. There's bad blood between Specter and the conservatives, because the evangelical conservatives said Specter, if you want to stay as head of the Judiciary Committee, back when the Republicans had the majority, you play ball with us. You sign off on all of our nominations. And Specter saying OK, two can play that game. I think Larry Craig Should get a fair hearing."

The argument Sen. Craig's attorney's make is rife with legal nuance and Senate precedent, suggesting

there is no precedent for a Senate ethics review of “purely personal conduct unrelated to the performance of official Senate duties.”

No one is defending lewd behavior, but having made the decision to raise these issues, moderate Republicans coming to Craig's defense will be hard pressed to deny citizens their rights to live their lives and responsibly express their sexuality. If they can stand up for a Senator who plead guilty hoping to "make this go away" they can stand up for constituents who do not want their jobs, homes, right to serve in the military, or ability to join together in family go away based on responsible expressions of their sexuality.

Stan Brand, Washington-lawyer-extraordinare, rightly argues that no matter the tawdry details, a misdemeanor charge does not rise to the level of an ethics investigation, and points out that the Senate has not in its history crossed the line social conservatives demanded be crossed. Because the case involved potential sex, specifically between people of the same gender, social conservatives flexed their political muscle in complete disregard of history, precedent and without regard to Sen. Craig personally, and but for Sen. Specter, would have won.

They may still win, but in the process, we are treated to one more reminder that social conservatives are willing to ignore any and every principle upon which this nation of laws operates in order to impose their puritanical anti-sex agenda on the nation.

Standing up for due process and Senate precedent doesn't condone lewd behavior that no amount of denial will ever wipe away from Sen. Craig's reputation, but it might just be one more bit of evidence that the unchecked power of social conservatives has come to an end, even within the Republican party.

Voters may ignore the nuance and only remember the stank of yet another political sex scandal, but at the end of the day the difference in values must be made clear. Social conservatives are not opposing lewd behavior, they are opposing anyone who disagrees with their world view, especially on issues involving sex. Compare their disregard for individual liberty with progressive values on social issues that start from a place of honesty, responsibility, and privacy for all individuals. You don't have to defend Sen. Craig to want to preserve individual freedom, but you do have to defend his rights to be heard fairly. Social conservatives won't do even that.