Thread by @MarkSZaidEsq

1/Today my firm filed new #FOIA lawsuit for frm Gov #JimGuyTucker to secure release of records tied to his prosecution as part of infamous Clinton “Whitewater” investigation led by then-Independent Counsel Kenneth Starr back in 1990s.

Total blast from past!

2/The records sought will bring greater public understanding regarding how Office of Independent Counsel pursued criminal charges against Gov Tucker based on provision in Internal Revenue Code that had actually been repealed in December 1986.

3/IRS itself had internally concluded provision was not applicable. These records will corroborate that OIC’s reliance upon repealed IRS provision was done, at least in part, to improperly pressure Gov Tucker into cooperating with Starr’s probe into #PresidentClinton.

4/#GovTucker became 43rd #Arkansas governor on Dec. 12, 1992, taking over role from #Clinton, who was elected US Pres. Gov Tucker was elected in his own right in Nov 1994 & served until his resignation in 1996.

encyclopediaofarkansas.net/entries/jim-gu…

5/On June 7, 1995, in midst of OIC’s Whitewater investigation, Starr and OIC obtained Grand Jury indictment of #GovTucker for allegedly conspiring to defraud IRS, even though in audit for year at issue IRS had made no substantive changes & determined it was “clean” audit.

6/washingtonpost.com/archive/politi…

7/On Feb 20, 1998, after 14 months of challenges & appeals on tax charges, #GovTucker entered into plea agreement w/respect to conspiracy to defraud charge under 18 U.S.C. § 371, a so-called Klein conspiracy.

freerepublic.com/focus/f-news/1…

8/Not long after finalizing plea w/OIC, #GovTucker became aware OIC had based tax prosecution upon repealed tax law. Law used to obtain GJ indictment & pursue prosecution was part of IRS Code, 26 U.S.C. § 1374(d)(8) & repealed by Tax Reform Act of 1986 over 1 year prior.

9/#GovTucker moved to challenge OIC’s legal theory in court filings in Aug 1998, which resulted in approx 6 years of appellate litigation w/respect to potential Brady violations & voluntariness of plea agreement. Litigation finally ended in 2006.

washingtontimes.com/news/2006/mar/…

10/At same time appellate litigation was ongoing, separate admin process was convened by IRS at #GovTucker’s request to determine what amount of financial restitution, if any, was still owed to U.S. Government.

11/#GovTucker’s understanding was original legal analysis of 26 U.S.C. § 1374 was conducted exclusively by OIC. At evidentiary hearing in Dec 2000, he learned that at least as early as Oct 2, 2000, ....

12/...OIC had been informed in letter that IRS had rendered determination regarding application of § 1374 that conflicted w/law used in pursuit of prosecution. Issues were remanded to IRS & on May 23, 2002, IRS issued notice of proposed deficiency rejecting OIC’s legal analysis.

13/On Sept 30, 2003, USG conceded in court filing that repealed law used by OIC was inapplicable & law used in IRS analysis was appropriate one. This admission undermined essential legal premise for OIC’s original prosecution of #GovTucker.

14/This #FOIA lawsuit seeks to bring factual transparency & clarity to politically-charged criminal prosecution that was flawed from outset. Specific records sought focus on clarifying extent Starr & OIC had been properly notified by IRS in advance of their presentation....

15/...to GJ of criminal prosecution of #GovTucker & plea that OIC legal theory contradicted by IRS. Facts indicate that OIC, notwithstanding knowledge of correct law, pressed forward w/prosecution of Gov Tucker using law repealed prior to transactions at issue.

16/Concern, of course, is that prosecution was pursued based on inappropriate political motivations.

Who else was involved in OIC case against #GovTucker?: #RodRosenstein & now Justice #BrettKavanaugh.

END/Any media inquiries can reach me at [e-mail].