The following exhibit was attached to a motion filed today in Hinds County court by attorneys representing State Auditor Stacey Pickering in his fight to recover up to $14 million dollars in fees that were not, according to Pickering, properly appropriated by the State Legislature.

The affidavit from Former Attorney General Mike Moore was from a similar 1998 case where Moore deputized outside counsel to chase a tax settlement on behalf of the state. In that affidavit, Moore clearly states that in a tax recovery that a Special Assistant Attorney General should not be paid out of the recovery. Rather, the AG would then petition the Legislature for the recommended appropriation from the retention agreement.

If any severance and/or income tax monies are ultimately recovered by the S t a t e due to the legal efforts of Mr. B l a i r , attorney fees for Mr. Blair will not be paid out of the tax monies
so recovered. This fact was understood by all , including the firm of McDaniel and B l a i r , P . A . Instead , it was contemplated that if recovery was had the Attorney General would apply t o the Legislature to appropriate to this Office to pay the McDaniel and Blair firm an amount t o be measured by the term of the Retention Agreement. The Legislature could in its discretion appropriate all , part, or none, of the Attorney General’s recommendation for attorneys fees. This Office will work to see that compensation is appropriated. However, in no event are attorneys fees for Blair to be directly paid out of any tax monies recovered.

Just in case you’ve forgotten, the same Mike Moore was involved in the resolution of the MCI case (just coincidentally, of course). Langston, in case you have forgotten, was a HUGE contributor to both AG Jim Hood and former AG Mike Moore (just coincidentally, of course).