Jim Guy Tucker - Conviction and Resignation

Conviction and Resignation

Tucker was convicted of one count of conspiracy and one count of mail fraud in 1996 as part of Kenneth Starr's investigation of the Whitewater scandal. Tucker was tried with fellow defendants James B. McDougal and his wife Susan McDougal, the prosecution conducted primarily by OIC prosecutor Ray Jahn. Tucker chose not to testify in his own defense upon the advice of his attorney.

Arkansas, like most other states, has a provision in its state constitution barring convicted felons from elective office. As a result, Tucker announced his pending resignation. As Lieutenant Governor, Mike Huckabee, a Republican, was preparing to be sworn in, Tucker rescinded his resignation on several grounds, including his appeal because a juror on his trial was married to a man whose cocaine possession conviction Tucker had twice refused to commute. Furthermore, this juror was the niece of local activist Robert "Say" McIntosh, who had demonstrated against Tucker during the trial. He also contended, and an appellate court later agreed, that one of the statutes he allegedly violated was no longer operable. Arguing that his conviction was thus tainted, and that the Arkansas constitution was vague about his status as a convicted felon until his appeals had been exhausted. However, at the last minute he did resign, under the threat of impeachment by the legislature which had convened to witness Huckabee's swearing in.