Wednesday, August 17, 2005
When Ken Starr was handling the Whitewater Investigation, he obtained a plea from former Arkansas Governor Jim Guy Tucker. The agreement was contingent on Tucker cooperating with the Independent Counsel (5 K1.1). Tucker accepted the plea at that time, but later went on to challenge the plea agreement. Yesterday the 8th Circuit ruled, affirming the lower court's decision.
Tucker had argued that "that the government based his prosecution on the wrong version of sec. 1374 and therefore he [was] actually innocent and the victim of a Brady violation and entitled to withdraw his guilty plea." (see decision). The Eighth Circuit stated, "Tucker's guilt did not depend on which version of sec. 1374 in fact applied to the transaction in question. Thus, any misapprehension at the time he pleaded guilty concerned only the strength of the government's case or the likely financial penalty if he was convicted." For more see AP Tampa News here).