Tomorrow, is the day by which Senator Larry Craig said he would resign from office after he was arrested in an airport bathroom sex sting, but it appears the embattled Republican isn’t necessarily going anywhere any time soon.

Shortly after Craig pleaded guilty to disorderly conduct, the Idaho senator said he would try to clear his name before the proposed resignation date.

If he could accomplish that task, he suggested at the time, he may reconsider that decision.

Although Craig began the process of trying to clear his name earlier this month when he asked Minnesota Hennepin County Judge Charles Porter to allow him to withdraw his guilty plea, the judge said in a hearing Wednesday that he won’t be releasing an opinion on the matter until at least next week.

The senator’s response, according to an ABC News report: “For now, I will continue my work in the U.S. Senate for Idaho.”

Craig may have seen Wednesday’s hearing as a “major step” in the legal effort to clear his name, but he still has his work cut out for him, especially if the judge takes into consideration an affidavit filed early this week by Minnesota prosecutor Christopher Renz.

According to the Washington Post, Mr Renz claimed in the 41-page affidavit that Craig has no legal grounds to overturn his guilty plea.

“The real basis for the defendant’s motion, displeasure with the outcome, is not an appropriate basis for relief sought,” Mr Renz reportedly wrote in the affidavit.

“The court should also deny the defendant’s motion as untimely because it was sought only as a political reaction.”

Craig’s attorney, Billy Martin told ABC News: “Senator Larry Craig denies that he went into that restroom for anything other than to go to the restroom,” adding that his client’s only mistake was pleading guilty to a crime he did not commit in the hopes of making it go away.

Chrys Hudson of GayWired.com contributed to this report