Judge drops some Whitewater charges against Tucker, Susan McDougal

May 7, 1996
Web posted at: 1:35 a.m. EDT

LITTLE ROCK, Arkansas (CNN) -- Arkansas Gov. Jim Guy Tucker and Susan McDougal are facing fewer charges in the Whitewater trial in Little Rock after the judge threw out four charges each against them.

U.S. District Judge George Howard Jr., let stand all 19 counts against James McDougal, however. Susan McDougal still faces four felony charges and Tucker seven, including a conspiracy charge. Howard concluded that a jury would not be able to convict Mrs. McDougal of conspiracy.

"You are always gratified when the judge dismisses the most significant count in the indictment, the conspiracy count," said Bobby McDonnell, Susan McDougal's attorney. "We are very pleased with the judge's decision to throw those counts out."

The McDougals and Tucker, who were partners with Bill and Hillary Rodham Clinton in the Whitewater land development, were indicted last August on fraud and conspiracy charges for allegedly misusing $3 million in federal-backed loans.

Susan McDougal was hoping that Howard would order her acquitted of all charges, but saw the dropping of four of eight counts against her as a glass that's half full.

"I must tell you, I got a sinking feeling when I thought ... I might get out of this," she said. (208K AIFF sound or 208K WAV sound)

She said she wanted "to be there" to see the entire trial, and the ruling assures that she will be there when jurors watch the sworn testimony President Clinton videotaped just over a week ago. The court's current ruling is that the tape will be played in court, but not immediately released to the public.

In court Monday, the day was spent out of the jury's presence as defense attorneys tried to convince Howard that the independent counsel had provided insufficient evidence for the trial to continue. In the end, Howard did away with only the four counts against Mrs. McDougal and Tucker. Independent Counsel attorney Ray Jahn said he was not disappointed with the ruling.

"It just shows how cautious he is," Jahn said. "The indictment itself is still basically the same, it's just that they have a few less decisions to make. On the overall the people won."

James McDougal, still facing all 19 charges against him, wants to take the stand in his own defense, although an electrocardiogram showed some blockage in his arteries. But McDougal says he is ready to testify, and stands confident he will be acquitted.

"I would feel confidant if it went to the jury right this minute," he said. "They've called 33 witnesses and I think most of them turned out to be favorable to us rather than the prosecution." (161K AIFF sound or 161K WAV sound)

The Whitewater trial will soon feature testimony from McDougal -- if he's able -- and the president of the United States, who will see if a jury is willing to take his word over that of the man whose accusations are at the core of the Whitewater investigation.

CNN Correspondent Bob Franken,The Associated Press and Reuters contributed to this report.

Related stories

• Whitewater background - May 6, 1996
• AllPolitics - Whitewater prosecutors rest their case - May 3, 1996
• AllPolitics - Hillary Clinton's Sworn Statements Questioned - May 1, 1996
• AllPolitics - Clinton Denies Wrongdoing In Whitewater - April 29, 1996
• Prosecutors say McDougal loan spent on debt - April 13, 1996

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