(home) (e-mail your viewpoint) (breaking news)
|
With regard to Rush
Limbaugh |
|
Wednesday June 28, 2006 Rush Limbaugh will likely have to wait several days to find out if he violated his deal with prosecutors in a prescription fraud case when authorities found him in possession of a bottle of Viagra that was apparently prescribed to someone else, a spokesman for the state attorney's office said Tuesday. A muddled picture emerged of whether Rush Limbaugh's possession of the pills could square with the law. It is a serious question ... three people associated with the medical profession say that writing third-party prescriptions leaves doctors open to disciplinary action. Florida civil rules governing doctors and pharmacists require that the true patient's name and address are on the label, according to two attorneys and a Florida Medical Association spokeswoman. Limbaugh opened his show Tuesday saying he's "trying to figure out how Bob Dole's luggage got on" his plane. And Limbaugh says he's worried about "the next ELECTION" -- and not what Viagra might bring (read more - Susan Spencer-Wendel-Palm Beach Post) (read more - Bob LaMendola-Sun Sentinel) (read more - Houston Chronicle) (read more - eOnline) (read more - Niagara Gazette) (read more- KLFY TV 10) (read more- AlterNet) Rush Limbaugh Commentary -- So this is what America's great airport security has come to? It's now about hassling rich 55-year-old dedicated golfers walking off their private jets? That's what happened to Rush Limbaugh when he returned from a trip to the Dominican Republic. Some glory-seeking customs officials decided they just needed to search Limbaugh's bag. Because he's such a threat to border security. Under this great search they found a bottle of Viagra - my goodness, my - and tried to somehow turn it into a federal case. Limbaugh's name wasn't on the prescription bottle and his lawyer said it was written in his doctor's name for privacy reasons. Which is perfectly legal. Of course, the authorities made this as public as possible. If they couldn't bust Rush, at least they could embarrass him. Only thing is that didn't work either (read more - Richard Baldwin-Travel Golf) Rush
Limbaugh Commentary --
Things used to be simpler
before national scolds like Ann Coulter and Rush
Limbaugh moved here and began exhibiting their boundless
hubris and flexible personal virtues in our midst.
It's so
much easier for prosecutors to deal with the real
business of the day: street crime committed by people
with dead-end lives, little education and rotten
futures. That's the bread-and-butter of state court —
not highfalutin Palm Beach gasbags with
self-administered personal exemptions to the law. I'm
sure Barry Krischer and his staff of prosecutors would
be thrilled if Coulter and Limbaugh would either just
sell their homes or try being the model citizens they
pretend to be. For Coulter, that would mean using her
actual address on her voter's registration. For
Limbaugh, it means an end to being so creative with his
meds
(read
more - Frank
Cerabino-Palm
Beach Post) Rush Limbaugh was detained at Palm Beach International Airport for the possible possession of illegal prescription drugs Monday evening. The sheriff's office plans to file a report with the state attorney's office. Sheriff's Office spokesman Paul Miller, a former FBI agent, said, "We believe there may be a second degree misdemeanor violation, which is possession of certain drugs without a prescription, because the bottle does not have his name on it". State attorney's office spokesman Mike Edmondson said his office also will look into whether Limbaugh violated the agreement with prosecutors involving his "doctor shopping" case. According to the deferred-prosecution agreement, Limbaugh must refrain from violation of any law. Prosecutors also will examine the possibility of "any doctor being complicit and the possibility of doctors being charged as well." Limbaugh was returning on a private plane flight from the Dominican Republic. "He said he had the Viagra in his possession for his use and that he did obtain it from his doctors," Miller said. "The problem was that on the bottle itself was not his name, but the name of two Florida doctors." However, a spokesman for the office said that, generally, a person on drug offender probation is prohibited from possessing narcotics and that Viagra does not fall in that category. Sheriff's investigators confiscated the drugs, and Limbaugh was released around 5:30 p.m. without being charged (read more - Kevin Deutsch-Palm Beach Post) (read more - Chrystian Tejedor-Sun-Sentinel) (read more - The Times and Democrat) (read more - Fox News) (read more - CBS 4) (read more - NewsMax) Roy Black, Rush Limbaugh's attorney, issued the following statement today in response to several inquiries by the media: "While going through routine Customs inspection of luggage at Palm Beach International Airport upon his return from an international trip, Rush Limbaugh was detained by customs agents after they noticed a non-narcotic prescription drug, which had been prescribed by Mr. Limbaugh's treating physician but labeled as being issued to the physician rather than Mr. Limbaugh for privacy purposes. After a brief interview, Mr. Limbaugh was permitted to continue on his journey ..." April 28, 2006 Rush Limbaugh was arrested Friday on prescription drug charges, with his attorney saying he has reached a deal with prosecutors that will eventually see the charges dismissed if he continues treatment for drug addiction. Limbaugh turned himself in to authorities on a warrant issued by the State Attorney's Office, said Teri Barbera, a spokeswoman for the State Attorney's Office (read more - Palm Beach Post) Roy Black, Rush Limbaugh's attorney, released the following statement today concerning a settlement agreement with the Palm Beach County State Attorney's Office to end the investigation of Mr. Limbaugh: "I am pleased to announce that the State Attorney's Office and Mr. Limbaugh have reached an agreement whereby a single count charge of doctor shopping filed today by the State Attorney will be dismissed in 18 months. As a primary condition of the dismissal, Mr. Limbaugh must continue to seek treatment from the doctor he has seen for the past two and one half years. This is the same doctor under whose care Mr. Limbaugh has remained free of his addiction without relapse ... (read more - PR Newswire) January 26, 2005 Florida Attorney General Charlie Crist weighed into the controversy surrounding the seizure of Rush Limbaugh's medical records Tuesday by filing a brief with the state Supreme Court supporting the use of search warrants to obtain otherwise private information. But Crist cautioned that prosecutors should not have free rein to seize medical records. A judge should oversee the process and review the records to determine if they are relevant to the investigation and should be turned over to prosecutors, Crist argued (read more - Sun-Sentinel) November 17 Rush Limbaugh won an appeals court ruling that will send his case to the Florida Supreme Court, which will decide if prosecutors properly seized his medical records late last year as a part of an investigation into Limbaugh's prescription drug use. In early October, a three-judge panel of the 4th District Court of Appeal in West Palm Beach ruled Palm Beach County prosecutors didn't violate Limbaugh's privacy rights when they seized his medical records with search warrants. The three judges issued a brief opinion Wednesday morning in which they declined to reconsider their decision, but they sent the case to the Florida Supreme Court to decide the issue on a statewide basis (read more - Palm Beach Post) (read more - Peter Franceschina-Sun Sentinel) (read more - Miami Herald) (read more - Reuters) (read more - Washington Times) October 10 Rush Limbaugh's attorney argued that prosecutors should have used a subpoena, rather than a search warrant, to obtain the records. The court majority, however, noted that seeking subpoenas actually offers less privacy protection. Lawyers of all kinds, the judges said, once carried blank subpoenas in their pockets and could get them signed by a clerk if they wanted a crack at medical records. But to get a search warrant, prosecutors have to be much more scrupulous. They have to persuade a judge that there is probable cause — sufficient evidence — to examine the records. Mr. Limbaugh's name came up during an investigation into the widespread illegal sale of prescription drugs in the county. Using a warrant wasn't reckless; it was — to use one of Mr. Limbaugh's favorite words — conservative. Said the judges: "... the greater showing required by search warrants — probable cause and relevancy — exceeds that which subpoena statutes require." Moreover, the judges pointed out that "nothing in any statute purports to limit the use of search warrants in regard to medical records." (read more - Randy Schultz-Palm Beach Post) Rush Limbaugh's fabulous wealth and influence have kept him out of a courtroom. This is a case where thousands of doses of narcotic drugs and large amounts of money changed hands. At some point Limbaugh and his legal eagles will run out of challenges and the truth will come out. Limbaugh will no longer be able to play the victim. The man who claims to posses "talent on loan from God" will need that heavenly connection he claims to have. I checked him out this past Friday but I bailed when he suggested that Senator John Kerry was a Communist sympathizer. The karma train is coming, it's just around the bend and Limbaugh is on the tracks and it's heading right for him (read more - www.chicagoed.com) October 8 Rush Limbaugh has claimed that the attempt to examine his medical records is all about him. In fact, it's all about trying to enforce Florida law, and the 4th District Court of Appeal agrees. Mr. Limbaugh will appeal, either for a rehearing or to the Florida Supreme Court. He will continue to claim that it's all political, but the court has noted the essence of the case: No one should be able to use medical privacy to conceal what may be evidence of a crime (read more - Palm Beach Post Editorial) (read more - EOnline) “It’s ironic” is a common refrain on Rush Limbaugh’s broadcasts. But don’t expect him to see the irony in his own legal troubles. If it were possible, though, to have Rush look honestly at himself, then “Honest Rush” might have this to say about Radio Rush: “When a tireless advocate of the Patriot Act complains that he’s the victim of improperly seized evidence, that, my friends, is the very epitome of irony.” Ironically, prosecutors looking to press a case against Limbaugh for alleged drug-related offenses would not have needed to go to court to defend their actions if they had only used the Patriot Act and searched his records looking for any information related to terrorism. They would have been able to seize all of Limbaugh’s medical and financial records and then use it all against him, even though the records have nothing to do with terrorism (read more - Bob Underwood-Washington Dispatch) October 7 Palm Beach County prosecutors didn't violate Rush Limbaugh's privacy rights when they seized his medical records late last year as part of an investigation into the conservative radio host's prescription drug use, an appeals court ruled Wednesday. The ruling by a three-judge panel technically clears the way for prosecutors to resume their investigation, stalled since December. Limbaugh has repeatedly flogged State Attorney Barry Krischer on the airwaves. Krischer answered Wednesday in a prepared statement. "This office did not violate any of Mr. Limbaugh's rights, constitutional or statutory, but to the contrary acted in accord with Florida law. . . . Mr. Limbaugh's rights have been and will continue to be scrupulously protected, as are the rights of all individuals investigated by my office," he said. Krischer declined further comment, citing the ongoing investigation. Limbaugh's attorney, Roy Black, held a news conference later in the afternoon at a private club overlooking Miami's Biscayne Bay. Black scoffed at Krischer's use of the word "scrupulously." (read more - Sun Sentinel) (read more - Susan Spencer-Wendel-Palm Beach Post)
October 6 June 25 Life is tough enough, but add marriage to the equation and it can be downright deadly... and maybe costly. With the announcement that he and wife Marta are splitting after 10 years, Rush Limbaugh apparently has flunked the course for the third time. We don't know a lot about the former Marta Fitzgerald. She was not overly social during her Palm Beach days. She's 45 and is most often identified as a former aerobics instructor from Titusville who was working in Jacksonville when she contacted Rush through the Internet. She graduated with a journalism degree from the University of North Florida and worked in 1993 as an intern at Jacksonville's Florida Times-Union. She, too, has been married three times and had a son and daughter before hooking up with Rush. In 1997 Marta put the money she'd made marketing Limbaugh neckties into Vent, a how-to magazine for Gen Xers. She hired and fired a managing editor before she had even moved into offices in the Esperante Building in West Palm Beach, then canned a writer and art director. When a Post reporter called in September 1997, she said Vent's first issue would be out "really soon" and hung up. Other newspapers reported similar treatment. She was more forthcoming when she launched the first issue in March 1998, but three issues later, in October, she spiked it. Surprised employees were greeted with a note on the office door that she was closing down to tend to her teenage son, who had broken his leg. Some speculators report that Marta moved out of their Palm Beach oceanfront home to a home she owns less than a mile away. Actually, according to property records, her home, at 108 Mediterranean (3,870 square feet, appraised at $1.14 million), is on the lot adjoining Rush's $24.2 million, 36,500-square-foot secluded monster at 1495 N. Ocean. My first inkling of problems came in an e-mail on June 3 from Dave Marshall, a suburban Atlanta radio personality. Several months ago, Dave reports, a relative who lives down here was doing some work at the house and overheard a member of Limbaugh's house staff saying that "after Rush's admission to drug addiction, Marta moved out." Marshall, a faithful listener, realized that Rush had not mentioned Marta on his daily broadcasts since returning from a drug rehabilitation program in November. "He used to use the phrase 'We went to New York' or 'We went to LA.' Now its just 'I,' " Marshall wrote. "This might sound crazy, but he even now only refers to his 'one' cat. He and Marta did have two cats. He used to talk about them frequently. Did Marta move out and they split up the cats?" We probably won't know that for a while. Despite the big announcement by Rush, papers have not been filed with the clerk's office (read Palm Beach Post - Thom Smith) June 17 Rush Limbaugh, caught in the crosshairs and crosswinds of an impending 3rd divorce from his present wife, Marta, as well as Senator Tom Harkin's bill that calls for balanced programming on the Armed Forces Radio Television Network and a several months long investigation into alleged "doctor shopping" by Florida state officials, seems to be hopeful that a ruling by a Florida court involving a conviction in a second degree murder trial might be favorable to his own case. Limbaugh explained it during his Thursday radio program; "Now, listen to this. The Third District Court of Appeal -- my case is being decided right now before the Fourth District Court of Appeal -- the Third District Court of Appeal last night issued a case that ends up very favorable to ours. The Third District Court of Appeal is a sister court to the fourth. It has a lot of influence because it's one of the bigger ones in terms of population that covers the state, and it's got some high-powered judges on this court as well. That court, the Third District Court of Appeal, ruled last night that a police officer acted in bad faith in seizing medical records even though the parties all stipulated that the cop was unaware of the law on medical records when he seized medical records ... " (read Palm Beach Post) (visit RushLimbaugh.com transcripts) (read NewsMax) June 15 Most people who heard that Rush Limbaugh and his wife, Marta, had split, assumed she dumped the bombastic broadcaster. That's what the NY Post reported on Saturday. And that's what happened — she moved out. But Limbaugh, who has trouble telling the truth — remember his silence on his drug addiction before he went into rehab — wants us to believe that he dumped his wife. "Marta has consented to my request for a divorce, and we have mutually agreed to seek an amicable separation," he told listeners yesterday. "As I said, it's a personal matter and I want to keep it that way. I don't intend to say any more about this on the air." (read NY Post) June 11 Rush Limbaugh put out a statement yesterday that he and his third wife, Marta, had separated — but only after PAGE SIX called to confirm what we'd learned exclusively. Sources in Palm Beach say Marta dumped the burly blowhard and vacated the couple's home on North Ocean Boulevard. The two are quietly working out a divorce agreement. Limbaugh met Marta on the Internet and they married in 1994. Since then, Marta has seen Limbaugh through ballooning weight gains, deafness (a cochlear implant in 2002 restored 80 percent of his hearing), his prescription pill addiction, rehab and a police investigation. Signs of trouble first came last year in November when one pal of Limbaugh said: "Marta didn't go visit him [at the in-patient treatment center] once until the very end. It was odd." Insiders say there is probably a pre-nup, but Marta may get more as she "knows where all of his skeletons are. That's why there are these . . . discussions." Let this be a warning to other journalists: If you have a scoop, don't call Limbaugh's rep, Tony Knight of Sitrick & Co. Knight, who after confirming our story, added: "We will put out a release." (read Page Six - NY Post) There's a reason Rush Limbaugh lays claim to the title "excellence in broadcasting," not "excellence in matrimony." The conservative radio host has struck out for a third time in the marriage department, announcing his split Friday from incumbent spouse Marta Limbaugh. A statement issued through Los Angeles-based public relations firm Sitrick and Company said the Limbaughs "have separated pending an amicable resolution." It was not clear whether either party had formally filed for divorce. A spokesman at Sitrick declined to provide further details. The couple's decision to end their 10-year marriage was mutual and amicable, and was unrelated to Limbaugh's admitted addiction to painkillers, said his spokesman, Tony Knight. "He decided it would be better to make an announcement than to have his listeners and friends find out via some other source," Knight said. The decade-long marriage was the longest for Limbaugh, who once said he had little time for love because "I'm too much in love with myself." In 1977, he married Roxy Maxine McNeely, a sales secretary at a Kansas City, Mo., radio station. The marriage lasted about 18 months. In 1983, he married Michelle Sixta, a Kansas City Royals stadium usherette, at the Stadium Club. Their marriage lasted about five years. Limbaugh's divorces haven't stopped him from dispensing marital advice. "If you want a successful marriage, let your husband do what he wants to do," he once said. Limbaugh, who has no children, also has opined about gay marriage. "Marriage is about raising children. That's the purpose of the institution." Limbaugh hasn't filed for divorce yet, and Knight wasn't sure whether Marta had formally filed. Marta Limbaugh could not be reached Friday. Her mother, Esther Seegert Peluso of Titusville, said she hadn't heard that Limbaugh and her daughter were separated and that she was surprised, given that they had celebrated their 10th anniversary just two weeks ago. Limbaugh and the then-Marta Fitzgerald's love affair began in 1990 on the information superhighway. Going by the name of the "Jacksonville Jaguar," Fitzgerald contacted the talk show host through the CompuServe message network to ask his advice on how to challenge her President Reagan-bashing professor at the University of North Florida, where she was a student. Reagan had once called Limbaugh "the No. 1 voice for conservatism in our country." Fitzgerald's husband at the time, Tom Fitzgerald, said Limbaugh didn't respond to her first query. She got angry when she heard Limbaugh respond on the air to some flight attendants who had written wanting to meet him. So she wrote Limbaugh a scathing letter, calling him pompous and telling him he was wasting his time, Fitzgerald told The Florida Times-Union in Jacksonville. This time, Limbaugh responded. "That's how the whole relationship got started,'' Fitzgerald said. ''They started corresponding back and forth.'' With Marta Limbaugh, Limbaugh enjoyed his greatest successes, and some of his biggest failures. The couple shared a $24 million oceanfront mansion in nearby Palm Beach, from where Limbaugh often broadcast his daily three-hour show. In 2000, Marta Fitzgerald bought a nearly $1.1 million pied-a-terre - a secondary or temporary place of lodging (read Scott McCabe - Palm Beach Post) (read E-Online) (read Palm Beach Post - Jill Barton) (read WorldNetDaily) (read Reuters) June 4 One of Florida's most prominent Republican lawyers may step in to assist prosecutors in conservative commentator Rush Limbaugh's case. Tom Warner, former solicitor general of Florida, is being considered, sources say. Warner is a former state representative from Stuart who ran unsuccessfully for Florida attorney general in 2002. He is married to Judge Martha Warner of the 4th District Court of Appeal, the court now considering an appeal by Limbaugh. She is not one of the judges on Limbaugh's case. Limbaugh has not been charged with a crime and is awaiting the appeals court ruling on whether prosecutors can use medical records seized from his doctors as part of a doctor-shopping investigation. Warner's entry, if it occurs, is not expected until after the court ruling, which could come at any time. Warner may step into a nasty battle, with Limbaugh nationally flogging Palm Beach County State Attorney Barry Krischer for what he calls a "fishing expedition" prosecutors undertook against him (read Palm Beach Post) June 3 The battle between Rush Limbaugh and the prosecutors investigating him for alleged prescription drug abuse took another nasty turn on Thursday when the conservative commentator accused them of breaking court rules and misleading the judges hearing the case. The latest disagreement arose earlier this week when Assistant State Attorney James Martz told an appeals court that Limbaugh's attorney provided wrong information in the case. Both sides appeared before the 4th District Court of Appeal in April to debate whether Limbaugh's medical records, which were seized for the ongoing criminal investigation, should remain private. During the court hearing, Limbaugh attorney Roy Black told judges that the Florida Legislature had at one time revised state law so that medical records could not be taken by search warrant. On Tuesday, Martz provided the court with information that Black's comments were incorrect (read Jill Barton - Tallahassee Democrat) (read RushLimbaugh.com) (read NewsMax) May 23 It's been seven months since Florida prosecutor Barry Krischer opened his investigation into Rush Limbaugh's pain-pill addiction, and still no charges have been brought. It's not for lack of trying. In a legal foray that increasingly has the look of a partisan political campaign, Mr. Krischer has pulled out all the stops to nail the conservative talk-show host. Regardless of one's political views, the case has troubling connotations for tens of thousands of Americans whose efforts to combat chronic pain result in addiction. It all began early last year, when Rush's former Palm Beach housekeeper, Wilma Cline, approached the National Enquirer alleging she and her husband were his suppliers. The tabloid's editors balked at running the story. Gin up an official investigation first, they told the Clines. The couple approached Mr. Krischer, secured an immunity deal and promptly cashed their six-figure check. Prior to the story becoming public, Mr. Krischer had no intention of nailing Rush for his addiction. Like prosecutors nationwide, Mr. Krischer's policy was to cast a sympathetic eye toward prescription drug addicts, viewing them less as criminals than as victims. But that was before the tabloid hit the newsstands (read Sam Dealey of the American Spectator in the Dallas News) May 16 Somebody needs to help Rush Limbaugh. He seems to be one satiric column away from a spot on the couch next to Dr. Phil. I had no idea Limbaugh would be such a wet noodle, a tough-talker with a rhetorical glass jaw. But after last week, a week of relentless "sympathy shopping" on his part, it just may be that Limbaugh isn't butch enough to sip coffee with the gals on The View. "Who am I?" he intoned to his listeners in one of his many Hallmark moments. "I am a kid from Missouri who wanted to be on the radio, now -- that's all I've ever wanted to do. I've wanted to be the best at what I am and the best at what I do, true -- but on the radio. Now, all of a sudden I have to be discredited in order for the left to win." Oh, grow up already. You're a 53-year-old professional pontificator who made light of torture and abuse because you're addicted to all things Bush. Hey, I feel sorry for you. I can't imagine what it must be like to suffer from your political addiction. But, for crying out loud, take a little personal responsibility, instead of play-acting through your The Passion of the Rush routine (read Frank Cerabino - Palm Beach Post) May 14 Rush Limbaugh told his listeners on Thursday that he bought full page newspaper ads in the Palm Beach Post and South Florida Sun-Sentinel because "we just can't get our story out in the editorial pages of The Palm Beach Post." "I, El Rushbo, have to buy my way into this paper in order to get some modicum of fairness," Limbaugh said on his radio show. Post editor Edward Sears said Limbaugh has never responded to reporters' requests for comment. "The Post has accurately and responsibly reported on both Mr. Limbaugh's admitted prescription drug abuse and the conflict between his lawyers and the state attorney's office," Sears said. "If he wants to get his story out, he's welcome to return our calls and talk to us." Post Executive Editor Edward Sears said he finds it "amusing that opinions disturb Rush Limbaugh." "I hope he will comment as fully to our news reporters as he has to our advertising staff," Sears said. State Attorney Barry Krischer, a Democrat, declined to comment on the ads but he has previously denied Limbaugh's allegations that he began the investigation for political reasons (read Palm Beach Post) (read Miami Herald) (read CNS News) (read Kate O'Beirne - National Review Online) (read and view video - Scarborough Country-MSNBC) (read and view video - Today Show) (read Mike Whitney commentary) May 13 Conservative talk-show host Rush Limbaugh has purchased full-page ads in two Florida newspapers to charge that local prosecutors are politically motivated in investigating him for "doctor shopping." Limbaugh's company, EIB (Excellence In Broadcasting), said the ads, which would run on Thursday in the Palm Beach Post and South Florida Sun-Sentinel, reprint a May 9 editorial from the conservative Washington Times that accuses West Palm Beach State Attorney Barry Krischer of political opportunism. Limbaugh, one of America's most influential conservative commentators, last October publicly admitted an addiction to prescription painkillers and checked into a drug rehabilitation center. He is being investigated by Democrat Krischer's office (read Reuters) (view ad - in Adobe PDF format) (read Limbaugh Press Release)
May 9 The cries of Iraqi prisoners fall on deaf ears as far as Rush Limbaugh is concerned. But can he truly be faulted for that? After all, the political pundit's hearing is permanently impaired as a result of long-term OxyContin abuse. And how could a painkiller addict understand abuse to begin with? The man hasn't felt pain in years. Nevertheless, Limbaugh condoned the horrific treatment of Iraqi prisoners on his Thursday radio show, referring to it as a "brilliant maneuver" on behalf of the U.S. military. Contrary to reports released by the U.S. military, Limbaugh apparently believes no physical abuse occurred. "Nobody got hurt. Nobody got physically injured," he said. "But boy there was a lot of humiliation of people who are trying to kill us. ... Sounds pretty effective to me." (read Travis Justice - Paragould Daily News Editorial) There can be little doubt that legal actions against Rush Limbaugh are politically motivated. The radio commentator with 20 million listeners is one of the most able communicators of conservative political ideas in America. It is hard to imagine that the historic Republican takeover of Congress in 1994 would have happened without Mr. Limbaugh articulating the virtues of smaller government day in and day out over the airwaves. It is no surprise that liberals would sink to any level to try to silence such an important conservative voice. But the evidence against Mr. Limbaugh's accusers is not merely circumstantial. The case they have made and how they have made it exposes the whole prosecution as a partisan witchhunt (read Washington Times Editorial) May 6 Well, OK so the First Amendment is not extended to the hard of hearing. I guess that explains why the guardians of the First Amendment have been so slow to defend Rush Limbaugh from the prosecutorial excess besetting him in progressive West Palm Beach. Rush is hard of hearing. He has had a cochlear implant to improve his hearing. That and chronic spinal pain got him hooked on prescription painkillers. Now, after admitting to his addiction and undergoing rehab, he is being exposed to prosecutorial harassment that no Hollywoodian with a coke habit or any other confessed user of recreational drugs is likely to experience. But Limbaugh is known to the public for the political and philosophical positions he espouses, not the leading roles he plays in film or on stage. So in the spirit of encouraging Diversity, the West Palm Beach government is going to nail him. The only support he has gotten from the civil liberties strutters is from the American Civil Liberties Union. Bravo the ACLU, and shame on the phonies (read R. Emmett Tyrrell - American Spectator) May 5 The current legal situation surrounding Rush Limbaugh does not involve lying under oath, abusing public office, and inappropriate adultery with the much younger help. But now that he has admitted his dreadful addiction to prescription pain-killers and made the painful steps of recovery, Limbaugh is facing a sleazy and reportedly duplicitous Democratic prosecutor in Palm Beach County, one Barry Krischer. Where on Earth are the press corps who so despised the alleged use of the prosecutor’s office for political gain six years ago? In the May issue of The American Spectator, Sam Dealey, a reporter for The Hill newspaper, lays out the whole Limbaugh story, including the scandalous or questionable tactics of the Limbaugh-haters (read American Spectator - Sam Dealey) (read L. Brent Bozell, III) April 19 When celebrities are being mauled in the jaws of America's scandal-obsessed culture, they don't turn only to high-powered defense attorneys to fend off voracious media and protect once pristine images. Just as crucial to a Martha Stewart, Kobe Bryant or Rush Limbaugh is an elite corps of public relations managers specializing in crisis intervention and reputation management. Limbaugh, 53, a Palm Beach resident, was plunged into the scandal sheets on Oct. 2 with a tabloid account by his former housekeeper alleging he was addicted to powerful prescription painkillers. Limbaugh, who is his own media machine, quickly scrambled to contain the damage. Within a week, Limbaugh and his legal and media advisers put the first aspect of their strategy into play: Limbaugh admitted to a painkiller addiction. His first move, the admission, was one public relations executives highly recommend. His lawyer, Roy Black, hired Sitrick and Company, a Los Angeles-based public relations firm with a who's who list of such celebrity and corporate clients as Enron, Halle Berry and singer R. Kelly. They passed out favorable Limbaugh stories at a recent appeals court hearing. They field hundreds of media calls, and make sure reporters get information they ask for, such as court documents and transcripts from Limbaugh's radio show when he discusses the case. Michael Sitrick, founder of Sitrick and Company, says his associates don't try to manage the media, but rather try to put out factual information about a case. "No one can manage the media. We gather the evidence, we present the facts," Sitrick says. "Ultimately, the facts will prevail." (read Sun-Sentinel - Peter Franceschia) April 9 Rush Limbaugh blasted the prosecutor and the media in the aftermath of Wednesday’s appellate arguments related to keeping the conservative radio commentator’s medical records away from the Palm Beach County State Attorney’s Office. During his syndicated radio show Thursday, Limbaugh called the media coverage "bland, because I do not cut a sympathetic figure with the media." Assistant State Attorney James Martz said Florida law does not exclude a search warrant because the subpoena would have afforded an opportunity for the files to be tampered with or destroyed. On the air, Limbaugh responded by saying Martz impugned the integrity of his doctors. "The records were held by my doctors and their staff," Limbaugh said. "At no time, in this whole case that’s gone on for a year now, at no time did the state ever claim that the records were unreliable, the doctors were unreliable or that the doctors would destroy records. At no time did they claim this beforehand. . . . These doctors and their staff are just like yours are. They’re highly professional men and women. They have outstanding reputations locally and they are people of intense, immense integrity." Limbaugh also said his case is being "misreported" in the media. "They’ve not really endeavored to understand the scope of the case because they can’t get beyond the fact that it is me and they won’t mind seeing me convicted of something." (read Michele Dargan - Palm Beach Daily News) April 8 Rush Limbaugh's attorney argued Wednesday that investigators trampled the conservative commentator's privacy rights when they made a surprise visit to a doctor's office to seize his medical records. But Assistant State Attorney Jim Martz said giving notice would have limited the ability to investigate allegations that Limbaugh illegally "doctor shopped" to obtain pain pills, visiting several doctors to receive duplicate prescriptions. (watch video of entire hearing at RushLimbaugh.com) Black said Florida law designates that a subpoena must be used — not a search warrant — because of privacy issues involved with medical records. A subpoena requires that the patient is notified before the seizure and the person then has the chance to object in a court hearing. Chief Judge Gary Farmer questioned Martz as to why the search warrants asked for all of Limbaugh’s medical records, not just those pertaining to prescription painkillers. Martz said Limbaugh has homes in addition to his Palm Beach mansion and travels globally. "The investigators fully expected to find, in those records, a trail, by his pattern of conduct here, that will lead to additional pharmacies and additional doctors," Martz said. The 4th District Court of Appeals did not say when it would release a ruling. The appeals court's options are wide open. The justices could order a lower court judge to review the records or have a hearing, an option they seemed to be leaning toward Wednesday. They could send the case to the Florida Supreme Court. Or they could order the records handed over to prosecutors, or back to Limbaugh (read Palm Peach Post) (read Palm Beach Daily News) (read Miami Herald) (read NY Times) (read Albany Union-Times) April 7 When Rush Limbaugh's ex-housekeeper and her husband went to the state attorney's office in late 2002, they talked about Mr. Limbaugh and other matters related to illegal sale of prescription drugs. Those talks led prosecutors to a pharmacy near Lake Worth and to Louis Beshara and his wife, who were arrested last year on drug trafficking charges involving 450,000 painkillers. To make their case, prosecutors obtained a search warrant for the Besharas' home. They found 73,000 pills, $806,000 in cash and records of transactions. The Besharas challenged the legality of the search warrant. In January, a judge ruled that it had been valid. Given Mr. Limbaugh's reaction to searching the offices of four physicians, imagine the reaction if prosecutors had searched his house. The law recognizes that one's home is the closest thing to a sanctuary, yet the law recognizes that authorities may search it if a judge believes there is reason to believe that investigators may find evidence of a crime. Attorney Roy Black will argue that medical records are different. The Beshara case is relevant in other ways. It shows that, contrary to Mr. Limbaugh's and Mr. Black's claim, prosecutors have not made the host their priority. As a result, Mr. Limbaugh cannot credibly claim that he is being harassed because he is a Republican who now broadcasts from a county that usually votes Democratic. Mr. Black whooped last month that there had been no criminal investigation of another painkiller addict, ex-Palm Beach County Judge Robert Schwartz, who left the bench last year. But there also was no allegation of criminal activity by Mr. Schwartz to obtain drugs. With Mr. Limbaugh, there is (read Palm Beach Post Editorial) (read Jill Barton - AP) April 5 Rush Limbaugh may be a flash point of inflamed opinion and rhetoric, but it's the dry 20-minute court appearance his attorney will make this week that matters most. Limbaugh's attorney, Roy Black, will argue Wednesday before the 4th District Court of Appeal in West Palm Beach that Limbaugh's medical records were seized illegally and should be returned to him. The public first learned of the Limbaugh case last October when a tabloid newspaper reported that he was addicted to prescription painkillers. (read related story) Since then, the case has caused a political and judicial maelstrom in the national media. It has pitted the conservative talk-show host and his famous lawyer against the Palm Beach County State Attorney's Office. The appellate court's ruling could be an end to a possible criminal case against Limbaugh -- or a beginning (read Susan Spencer-Wendel, Palm Beach Post) April 1 Naturally, Roy Black has been careful to appear on only these friendly news channels and networks where he is either a paid contributor or appearing on a program with right wing hosts. He's never been fully interviewed by a print or electronic media journalist, only these who are, at best, entertainers and fluff commentators. He's never, to my knowledge, even appeared on TV with another guest who might have a different view on Limbaugh's situation. Is Roy Black dictating the terms of his appearances on MSNBC, Fox, CNN and other news channels? You ask, we'll listen for your answer. On Limbaugh's www.rushlimbaugh.com and Roy Black’s www.royblack.com, you'll notice that they only print and tout the positive spin and news stories that favor Limbaugh. Even there, as is the case across the fruited plains, Limbaugh’s support and positive news stories seem to be “a country wide and a centimeter deep.” Gee. You'd think there'd be more political and media support among the15 million listeners his program attracts weekly. But, judging from the small numbers who have stepped forward so far to defend Limbaugh, they either don’t care or are withholding judgment. Of course, Black would be a fool to ever submit to a bona fide journalist's questions because, if he did, he would have to answer tough questions such as "What about all those alleged illegal drug buys that his former maid claims Limbaugh made from her in Denny’s parking lots, exchanging Cuban cigar boxes full of cash for illegally obtained pills to feed his habit? What about those e-mails he sent to the maid and voice mails that may exist which contain demands and requests that she deliver to him even more illegally obtained drugs? Is it true that one of Limbaugh's attorneys actually tried to buy the former maid's computer hard drive for $100,000 so that he could destroy the possibly damning evidence of those e-mails?" Roy Black is smart. His defense strategy is a little like that of a baseball team coach who keeps arguing with an umpire over a strike to divert the ump's attention while a runner is stealing second base and well on his way to third. The legal authorities in Florida are smart, too. They're not wasting their time on cable news talk shows chatting with hosts whose attention span is about as long as the life of a studio light ... (read the complete commentary by W.W. Wimbish) March 26 The showdown before an appeals court is set for April 7, and prosecutors and Rush Limbaugh made their final filings this week in the battle over the conservative talk show host's medical records. The 4th District Court of Appeal scheduled the oral argument, offering up the standard three-judge panel to hear the case. Lawyers say it's a genuinely novel case of privacy rights -- aside from the novelty of the appellant's name. Both sides will argue why Limbaugh's medical records should either remain sealed or be made available to prosecutors. The Palm Beach County State Attorney's Office is investigating Limbaugh for doctor shopping, a third-degree felony in Florida (read Palm Beach Post - Susan Spencer-Wendel) (read TC Palm) (read TC Palm 2) At what point does a prosecutor's investigation of a possible crime cross the line from legitimate inquiry to smear campaign? My interest in the question is not entirely academic. I'm Rush Limbaugh's attorney, and as anyone who has been following my client's situation is probably aware, the local prosecutor (or state attorney, as we call them in Florida) has been having a field day at Rush's expense ever since Rush announced last October that he'd become dependent on prescription pain medication and was entering a rehab clinic to deal with the problem (read Roy Black - WSJ Op/Ed) March 19 Rush Limbaugh's lawyers pulled a "gotcha!" out of their hat Thursday, pointing an appeals court to one of its own decisions forbidding the seizure of medical information without due process. In a news release, Rush Limbaugh's attorneys said that what was a fatal flaw in Palm Beach State Attorney Barry Krischer's argument as to why he should be allowed to unseal Rush Limbaugh's medical files, prosecutors ignored a recent Appeals Court decision suppressing evidence because police obtained it without following state statute. This gaping hole in the prosecutor's argument was disclosed by Mr. Limbaugh's attorneys in papers filed today with Florida's 4th District Court of Appeal. On his radio show Thursday, Limbaugh, saying he had shown restraint from doing so for five months, poked fun at Krischer. Limbaugh though, has constantly complained on his show that the investigation is a political witch-hunt conducted by Krischer, a Democrat. "Let him charge me with making fun of him," Limbaugh said on his show. "I'm sure he can find a statute." A spokesman for the state attorney's office, Mike Edmondson, declined comment. "We don't respond to what suspects say," Edmondson said. (read Palm Beach Post - Susan Spencer-Wendel) (read Sun-Sentinel - Peter Franceschina) (read CNN) (read PRNewsire)
Referring
to the Palm Beach Post as the "newsletter" for Palm Beach
prosecutors, the man regarded as a broadcast icon by 20
million-plus listeners revealed an "editorial" meeting he
had with the newspaper editors. He complained that other
prominent figures in the area had been given a pass when
they became reliant on painkillers, while the prosecutor
went after him, largely as a result of e-mails received from
Rush-haters. He cited reports from conservative news sources
and interviews his lawyer had had with Sean Hannity and Joe
Scarborough. "We don’t recognize the
partisan media," the editors responded. By stubbornly
refusing to recognize any news source other than those
blessed by the liberal establishment, Limbaugh said, the
editors were in essence regurgitating what has been heard in
elitist newsrooms for years: "Facts don’t matter." March 15 Given his history, people expect Rush Limbaugh to skew a few facts. After all, in Limbaugh Land, Democrats and liberals are the boogiemen in America's closet, even when a mountain of evidence suggests otherwise. When he recently defended Howard Stern, for example, he automatically tacked on the usual spin. "If the government is going to 'censor' what they think is right and wrong, what happens if a whole bunch of John Kerrys, or Terry McAuliffes start running this country?" he wondered. Never mind, of course, that the religious right is actively trying to turn America into a theocracy [MoscowTimes.ru] or that the FCC is headed by Colin Powell's son. In a subsequent op-ed, Limbaugh challenged the notion that Stern was dropped from six Clear Channel stations because he criticized the president. "So are we now going to popularize loony conspiracy theories from the left-wing fringe to defend Howard Stern?" (read Maureen Farrell) Doctors and patients beware: A major focus of President Bush's new comprehensive antidrug strategy is the illegal diversion and abuse of addictive prescription drugs. The Drug Enforcement Administration cites an "alarming" increase in prescription drug abuse over the past decade, particularly the type of opioid painkillers that Rush Limbaugh got hooked on. White House drug czar John Walters says nonmedical use of prescription drugs is so rampant it "calls for immediate action." Nonmedical use of narcotic pain relievers and sedatives, says the DEA, now ranks second behind marijuana as the preferred illicit drug among adults and youths (read Washington Times - Inside the Beltway) March 11 You've heard that Rush Limbaugh, who confessed to an addiction to painkillers, is being singled out for prosecution by a Democratic state attorney who glories in the chance to bring down a conservative icon. You probably think this is the People's Republic of Palm Beach, with jackboot prosecutors leaking defamatory information about their celebrated quarry and invading his privacy to grab his medical records. Of course, much of this talk emanates from Limbaugh himself and his highly paid attorney, then echoes through a half-dozen friendly outlets. As the choir was saying the other day on Fox's Hannity and Colmes: "It's a partisan witch hunt," said Mark Levin, president of a legal group that filed a brief on Limbaugh's behalf. "They're trying to smear Rush. They're trying to silence him." As if anybody could. Can we take just a moment to remember that the king of political-attack talk radio got into this trouble because of his own behavior? His addiction was exposed last fall when a former housekeeper and her husband told the National Enquirer that they'd bought thousands of pills for him in such clinical settings as a Denny's parking lot. To his credit, Limbaugh admitted his addiction in October and left his nationally syndicated show for five weeks to get treatment. Investigators, meanwhile, checked a pharmacy near his $24 million Palm Beach house. The warrants show that over seven months, Limbaugh got 1,733 hydrocodone pills, 90 OxyContins, 50 Xanax tabs and 40 pills of Kadian, a time-release morphine, from four different doctors. To a cop, this must smell suspicious: If Limbaugh kept one doctor in the dark about another's prescriptions, he could be "doctor-shopping," a felony under a law passed two years ago by the (Republican-led) Legislature (read Howard Goodman - Sun Sentinel) March 10 Rush Limbaugh Clears the Air about Howard Stern -- In the interests of full disclosure, I am not a listener of The Howard Stern Show and I did not hear firsthand what he said that led Clear Channel Communications to drop his show from six of its more than 1,200 markets. And to further disclose, Clear Channel also distributes The Rush Limbaugh Show. After it happened, people were stunned when I came to Stern's defense. The uninformed thought that I, as a conservative, must believe that the government should be in the business of silencing smut and regulating morality. But that was a week ago and the story has stretched. Now the buzz is that Stern was not dropped by Clear Channel for violating its decency standards. No, Clear Channel dropped Howard because he had been critical of President Bush. And, as the tale goes, since Clear Channel is reputedly close to Bush, the president called Clear Channel and told it to get rid of Stern (read Rush Limbaugh - Houston Chronicle) Florida Democrats Tuesday completed their first presidential ballots since November 2000 with many still sure the general election of four years ago was stolen from them. But this year's political grudge match also has the Rush Limbaugh drug investigation as a sideshow. Limbaugh's case first went public last October when his former maid, Wilma Cline, told the National Enquirer supermarket tabloid that she and her husband had supplied Limbaugh with thousands of narcotic-strength pain pills. Soon thereafter, the radio host admitted to his listeners that he had become addicted to the pills while battling chronic back and ear pain and was about to enter a drug rehabilitation facility in Arizona for five weeks of treatment. Later, Krischer offered immunity to the maid and her husband David Cline, an ex-con who had served time for selling cocaine, in exchange for the couple providing information about Limbaugh's alleged illegal drug purchases. But Levin has joined Limbaugh's attorney, Roy Black, in alleging that the Clines were blackmailing Limbaugh before they took their case to the National Enquirer and Krischer (read Cybercast News Service) March 9 Rush Limbaugh's former maid has told investigators she supplied him with "large quantities" of prescription painkillers for years. "The list of overlapping prescriptions are indicative of a possible pattern of deceptive practices," Assistant State Attorney James Martz wrote in court papers that privacy rights should not be used to hide criminal wrongdoing. A letter to the counsel for the Florida Bar accuses Assistant State Attorney Ken Selvig of sanitizing an internal memo to omit cautionary advice about confidential plea negotiations between Rush Limbaugh's attorney, Roy Black, and prosecutors in Palm Beach County. Mark Levin, president of the Landmark Legal Foundation, a conservative public-interest group in Herndon, Va., sent the letter in rebuttal to Selvig's attorney's response last week to an ethics complaint Levin filed (read Miami Herald) (read Palm Beach Daily News) March 7
Conservative
talk show host Rush Limbaugh has said prosecutors,
specifically State Attorney Barry Krischer, a Democrat, have
set out on a "fishing expedition" against him.
On Friday,
Limbaugh, who is being investigated for illegal
"doctor-shopping," offered up new evidence of unfair
treatment. On his syndicated talk show and on his Web
site, he referred to the case of a Palm Beach County judge
removed from the bench last year after it became public he
was addicted to OxyContin. County Judge Robert Schwartz was
forced off the bench in February 2003, after a year of being
unable to function partly because of his addiction.
Schwartz was never investigated criminally, though -- an
unfair double standard, Limbaugh's camp said. Chief Judge
Edward Fine said Friday that judicial commission members
investigated Schwartz's situation, consulted with doctors,
and that no allegation of anything criminal ever came to
light, so there was no criminal investigation. Schwartz was
being treated by a West Palm Beach psychiatrist, Dr. George
Kubski. The Palm Beach County State Attorney's Office not only defended its release of plea negotiations regarding Rush Limbaugh's drug prescription case, but said the controversy is moot because Limbaugh's camp already had made the talks public knowledge. Landmark Legal Foundation, a conservative legal group based in Virginia and Kansas, has asked the Florida Bar to investigate State Attorney Barry Krischer and Assistant State Attorney Ken Selvig for alleged misconduct. One of Landmark's allegations is that Krischer's office unlawfully released letters detailing discussions with Limbaugh's attorney over ending the doctor-shopping investigation with a plea deal. Selvig responded to the allegations in a letter dated Feb. 27, saying, "That claim is patently false." The letter, submitted by Selvig's attorney Arthur Jacobs, pointed to a Dec. 22 interview on CNN in which a spokesman for the company that carries Limbaugh's radio show said discussions had taken place between Limbaugh attorney Roy Black and prosecutors. Keven Bellows, a spokeswoman for Premier Radio Networks, said Black had been talking with prosecutors about Limbaugh "accepting responsibility for his actions." (read Palm Beach Post - Alan Gomez) Frustrated that she was used as an example by Rush Limbaugh and his attorney, state Sen. Mandy Dawson shot back Thursday, saying her prescription drug fraud case in 2002 should in no way be compared with the Limbaugh investigation. Dawson had sharp words for Limbaugh, speaking as one prescription drug addict to another: "He's attempting to make a mockery of the prescription drug laws, and he's also attempting to make a mockery of recovery. He needs to take personal responsibility for his actions to really recover." Dawson, a Democrat from Fort Lauderdale, was arrested and charged 18 months ago with felony prescription drug fraud for altering a painkiller prescription from 60 pills to 160. She entered a pre-trial intervention program and had the charge dismissed. Limbaugh and his attorney, Roy Black, talked publicly in January about how a Broward County "senator" got her prescription drug case dropped while Limbaugh is being hit hard. Limbaugh referred to Dawson anonymously on his show as the "Florida state senator, Democrat" who ended up praised by the media." "I was arrested," Dawson said Thursday. "Now who's getting preferential treatment here? I was on everything but the milk carton. "I could have blamed it on the Republicans. I could have made it political, but I didn't." (read Palm Beach Post - Susan Spencer-Wendel) If anyone should be shocked and worried about the guilty verdicts in the Martha Stewart and Peter Bacanovic case, it might be Rush Limbaugh. While Limbaugh continues to appear chipper, feisty and full of machismo on his radio program, the wheels of justice in Florida are turning -- and he can hear the nagging, gnawing grinding of the gears. The guilty verdict for Martha Stewart and the comments by a jurist ("This is a victory for the little guy") are an indication that the days of celebrities getting away with things that "the little guy" can't, are over. This verdict is chilling to those who might dwell in the upper echelons of the white collar crime communities. It will, no doubt, put some steel in the spines of Florida prosecutors, witnesses and potential jurors who are looking into the Limbaugh matter (read W.W. Wimbish) -------------------------------------------------------------------------------------------
Press Release
Source: Roy Black A Palm Beach County Judge -- who operated in the same jurisdiction that is currently hearing the Rush Limbaugh pill case -- was hooked on OxyContin and forced from the bench, but was never fully investigated if he obtained the pills legally, the DRUDGE REPORT can reveal. Within the last 18 months, Palm Beach County Judge Robert Schwartz was "involuntarily retired" and removed after he checked himself into a treatment center for dependency of the painkiller OxyContin -- the same drug at the center of the Limbaugh probe. "He was severely addicted to prescription pain killers," an insider tells the DRUDGE REPORT. "He probably got them from a variety of sources. But unlike Rush Limbaugh, he was never prosecuted! His records do not appear to have been seized nor were his doctors’ offices raided. Talk about friend of the court!" News of the Palm Beach judge's ordeal appears to give credence to Limbaugh's claim that he is being selectively targeted. Palm Beach County State Attorney Barry Krischer refused to comment Friday on the Judge Schwartz/Limbaugh confusion (read Drudge Report) ------------------------------------------------------------------------------------ March 4 Conservative radio talk-show host Rush Limbaugh's battle over improper seizure of his medical records by police was the focus of the Missoulian's Jan. 26 editorial. In the editorial, we pondered, "If police circumvent privacy laws and procedures in a case involving a well-known and politically empowered personality, what makes you think they'll show you any more consideration if they decide there might be something worth checking in your medical file?" The answer to what we thought was a rhetorical question wasn't long in coming. Attorney General John Ashcroft and the U.S. Justice Department have gone to federal court seeking access to the medical records of hundreds of women in seven states. None of the women is suspected of any crime. The records in question involve cases of so-called partial-birth abortion (read Missoulian Editorial) February 22 The truth hit her one day while she was with her grandsons. She was shaky. She couldn't lift them, couldn't play with them. She kept thinking about her next medication dosage. She was a drug addict. The 57-year-old Albuquerque woman-- a child psychologist-- said she would have denied any addiction only a day or two earlier. Even though she lied and stole to get her drugs, even though she lost her home and career, she blamed the disintegration of her life on depression, not on the pain-killers and anti-anxiety drugs she was taking. She doesn't want her name used for fear publicity will affect her attempts to rebuild her career. Those who abuse the drugs, by and large, are not those with legitimate prescriptions," he said. Most people who have prescribed drugs use them properly, while abusers are looking for a high, he said. Yet, occasionally, legitimate exposure to prescription drugs can cause an addiction, as recent publicity over radio commentator Rush Limbaugh's problems with prescription pain-killers attests (read WTOP News) February 21 The attorney for Rush Limbaugh's former maid -- who first alerted authorities to Limbaugh's alleged vast prescription drug use -- is angry because of comments made this week by the conservative talk-show host. Limbaugh claimed on his show that Wilma Cline, his former employee, went to a tabloid newspaper first with her allegations, but was told that they couldn't publish it without a police investigation. So Wilma Cline and her husband then "called a lawyer, with Democrat connections, and went to the state attorney and got their immunity," according to transcripts from Limbaugh's radio show. "That's untrue. That's a complete lie, completely not true," Ed Shoat of Miami, who represents Wilma Cline, said Friday. The allegations of drug prescription abuse by Limbaugh were first reported in October 2003 by the National Enquirer, which reportedly paid a fee to the Clines for their story. Shoat said the couple from Loxahatchee approached him with their allegations and he took them to authorities. "(The Clines) reported their situation, on their own, voluntarily, with no one looking at them, to the police and the state attorney. And they received immunity for that (read Palm Beach Post) February 20 Rush Limbaugh said on his radio show Friday that Palm Beach County, Fla., prosecutors subpoenaed records to identify employees in his doctors' offices as part of their investigation into his prescription drug use. A spokesman for Palm Beach County State Attorney Barry Krischer declined to comment. "We found out today the State Attorney's Office here in Palm Beach has issued subpoenas to the doctors in question, demanding a list of every employee at every doctor's office I visited, from March to September of 2003," Limbaugh said, according to a transcript of the show. "They're already figuring they're going to win the opportunity to see my medical records, and once they see them, they want a list of names at these doctors' offices that they can re-subpoena and bring in for interviews." (read South Florida Sun-Sentinel) Rush Limbaugh was undertreated for his pain and forced to obtain medication illegally because doctors are afraid to prescribe medication in sufficient quantities, two pain management advocacy groups said in court papers filed Thursday. The Florida Pain Initiative and the National Foundation for the Treatment of Pain say doctors fear prosecution and refuse to prescribe opioids. The pain groups say Limbaugh is a "pseudoaddict," someone with undertreated pain who must resort to "doctor shopping and purchasing on the illegal market in the same way that both real addicts and drug diverters do. The difference is that when their undertreated pain is appropriately treated, all ambiguous behavior ceases." (read Palm Beach Daily News) February 19
A conservative
legal foundation has renewed its press on the Florida Bar to
investigate State Attorney Barry Krischer for alleged
misconduct in the Rush Limbaugh prescription drug
investigation. Florida Bar officials previously told the
Landmark Legal Foundation they could not investigate an
elected official. But Wednesday the foundation sent a letter
back to the Bar saying the case law on which the Bar is
relying does not apply.
"Investigating this matter now protects the public, while
neglecting to investigate would be a serious breach of the
Bar's responsibilities," wrote Landmark's president,
attorney
Mark
Levin, in the letter. Landmark is a conservative legal
group based in Virginia and Kansas. Attorneys for the
foundation have set in motion investigations of Hillary
Rodham Clinton and tried to block a probe of independent
counsel Kenneth Starr's evaluation of President Clinton
(read Palm Beach Post - Susan Spencer-Wendel)
In September of last year, a
coordinated attack was launched against Rush Limbaugh that
conservatives should have learned strategic moves from. The
attack began immediately following Rush’s statements about
Philadelphia Eagles quarterback Donovan McNabb on ESPN. The
National Enquirer then went forward with a story they
admitted to holding for a significant length of time and the
mainstream press seized the opportunity to attack a
conservative icon that has exposed their liberal agenda for
more than 15 years. They reported rumors, gossip, and
extravagant stories of Rush’s alleged involvement in a drug
cartel and money laundering. As most of us know, Rush
admitted on his nationally syndicated radio show that he did
indeed have a prescription drug addiction and that although
everything we had been hearing was not true, he would be
checking himself into a drug rehabilitation center and
return weeks later. Upon his return, Rush and his attorney
Roy Black, went on the offensive. They used his radio
program, his website, and the entire media circuit to fight
back. They exposed the prosecutor’s political motive, called
for a counter investigation into leaks from the prosecutor’s
office, and debunked many myths with full explanations. Some
conservatives even criticized Rush for using his program and
other public outlets to mount an offensive encouraging him
to leave these antics for the courtroom. What his
actions showed us, though, was that standing idle while a
campaign is mounted against you will be your demise. You
must fight back, you must launch a counter attack, and you
must make it a point to get full explanations to the public
no matter how ridiculous each issue by itself may appear to
be. Similarly, a campaign to demoralize conservatives and
plant seeds of distrust among voters has taken place against
the Bush administration – and it is working
(read
Raymond Green - American Daily) A legal appeal by conservative talk-radio commentator Rush Limbaugh involves only the seizure of his medical records by the state attorney of Palm Beach County. But the American Civil Liberties Union has decided to support his appeal because the result will impact the privacy of the doctor-patient relationship for every person in Florida. Last October, Limbaugh checked himself into a rehabilitation clinic after telling listeners to his radio program that he is addicted to painkillers. The medical records of four doctors were confiscated in a criminal investigation involving alleged ''doctor-shopping'' -- whether Limbaugh illegally obtained prescriptions for pain medication from several doctors. The right to privacy, guaranteed by the Florida Constitution, is one of the most important rights we possess. Government should be allowed to intrude upon it only for the most compelling and narrowest of reasons. A person's medical records cannot be disclosed in any civil or criminal action except in accordance with a procedure adopted by the Florida Legislature that specifically addresses concerns about medical privacy and requires courts to balance the state's needs with the individual's right of privacy (read Miami Herald - Howard Simon [ACLU]) The Smoking Gun: Archive Plea negotiations between Rush Limbaugh and Florida prosecutors stalled last month (read) Is history about to repeat itself? Will the Palm Beach County State Attorney's Office charge Rush Limbaugh or walk away from what would be a controversial, difficult and minutely dissected prosecution? "If Rush gets a break, Krischer's going to hear from the local defense bar," said Gregg Lerman, a West Palm Beach defense lawyer who has known Krischer for almost 20 years. Lerman, like many of the other defense lawyers in the county, has clients who face felony charges for illegal possession of prescription drugs. "It happens all the time," said Marc Shiner, a criminal defense lawyer who spent 12 years as a prosecutor in the Palm Beach County State Attorney's Office. "From Krischer's perspective, I can't see how he turns his eyes from it." Lerman points to one of his cases. He represents James Ratliff, 46, of Elkhorn City, Ky. Last May, Ratliff was visiting relatives in Jupiter. During a traffic stop for an equipment problem on his car, a police officer asked for permission to search the car and discovered that Ratliff had a bottle of pills. Ratliff didn't have a prescription for the 160 OxyContin tablets in his car. He was arrested and booked on a drug-trafficking charge. The weight of the 160 OxyContin pills Ratliff had in his car totaled 42.7 grams -- putting him in the category of a drug-trafficking offense with a 25-year minimum mandatory prison term. Lerman has been working on a plea deal for his client, who has no criminal history and has legitimate prescriptions for OxyContin and five other medications in Kentucky to treat a host of medical problems. "He didn't have a prescription for the OxyContin he had in Florida," Lerman said. "But he wasn't selling it. It was for his own use." Krischer's office rejected pretrial intervention for Ratliff and so far only offered a deal that includes some time behind bars, Lerman said. "They're not willing to give him probation," Lerman said. Which brings Lerman to muse about Limbaugh and the maid's allegation that she provided the talk-show host with 11,900 OxyContin tablets -- an amount that makes Ratliff's bottle of 160 pills seem minuscule. If Limbaugh gets off easy, there will be a lot of James Ratliffs getting in line. "I don't think Krischer would want to prosecute Limbaugh, but little people are going to prison for having next to nothing," said Jim Eisenberg, a criminal defense lawyer who is representing a suburban Lake Worth pharmacist charged with illegal sales of prescription drugs. It's not politics, Eisenberg said, but the hard, business-as-usual reality of today's drug laws that may ultimately be pushing Krischer more than anything else. "Everybody else who has a little cocaine rock is getting prosecuted," Eisenberg said, "and then Limbaugh comes along (read Palm Beach Post - Frank Cerabino) Rush Limbaugh's attorneys are accusing law enforcement officers of breaking the law when they seized his medical records. Police took the records to search for evidence the conservative commentator illegally bought prescription painkillers. The lawyers argued in court documents filed Tuesday that authorities should have first notified Limbaugh and given him a chance to challenge the seizure, rather than using search warrants to remove the records from his doctors' offices. The American Civil Liberties Union joined Limbaugh in challenging the seizure (read Palm Beach Post) February 16 Without strong witness testimony, Barry Krischer's office decided to focus on the issue of doctor shopping. Prosecutors obtained Rush Limbaugh's pharmacy records and claimed he used overlapping prescriptions from multiple doctors to feed his addiction. Even the Palm Beach Post admitted that no one in the county had been fully prosecuted for the crime over the past five years. Also Limbaugh entered a drug treatment program, which usually satisfies law enforcement officials. Still, Krischer's office seems committed to targeting Rush. There is no mention in the Post article whether Krischer is considering charging Limbaugh's housekeeper. Roy Black has charged that Cline blackmailed and extorted from the prescription drug-addicted Limbaugh more than $100,000. She was also given legal immunity – and without telling prosecutors sold her story for money, apparently jeopardizing a much broader investigation then under way of illegal painkiller trafficking in the county (read NewsMax) On an island where celebrity is oh-so mundane, the very private off-air Rush and his third wife, Marta, a former aerobics instructor from Jacksonville, found sanctuary from both admirers and detractors. They have enough property for privacy. Not content with a mere 12,000 square feet indoors and 115 feet of beach, the Limbaughs bought several neighboring properties and more than doubled their stretch of oceanfront. Worth an estimated $30 million, the compound is where the conservative pundit plays and perhaps works. Suspicions that Rush was broadcasting his daily radio show from home caused a bit of static the year after he moved in because the town refused to allow comedian Joan Rivers to do it. Though he would need nothing more than a digital phone line to do his show from home, Limbaugh's local station representative said he wasn't broadcasting from home, and town officials backed that up. A day after Limbaugh returned to the air after drug rehab last year, the host took reporters to task. "I do not have a studio in my mansion in Palm Beach," he said on his show. "There's an ordinance in Palm Beach that prevents doing business out of your home. I don't do it there." (read Thom Smith and Douglas Kalajian - Palm Beach Post) Letters to the RDN Editor -- "I have never seen a story so important to the media and to the public disappear from the scanners like the evaporation taking place with the Limbaugh drug abuse case in Florida. I'd like to know why he is not in jail at this moment. Could it be that too many golden eggs might be broken if Rush falls out of the nest? How about an update?" Susan Fahey February 15 Is
history about to repeat itself? Will the Palm Beach County
State Attorney's Office charge Rush Limbaugh or walk away
from what would be a controversial, difficult and minutely
dissected prosecution? "If Rush gets a break, Krischer's
going to hear from the local defense bar," said Gregg Lerman,
a West Palm Beach defense lawyer who has known Krischer for
almost 20 years. Lerman, like many of the other defense
lawyers in the county, has clients who face felony charges
for illegal possession of prescription drugs. Lerman
points to one of his cases. He represents James Ratliff, 46,
of Elkhorn City, Ky. Last May, Ratliff was visiting
relatives in Jupiter. During a traffic stop for an equipment
problem on his car, a police officer asked for permission to
search the car and discovered that Ratliff had a bottle of
pills. Ratliff didn't have a prescription for the 160
OxyContin tablets in his car. He was arrested and booked on
a drug-trafficking charge. "It happens all the time," said
Marc Shiner, a criminal defense lawyer who spent 12 years as
a prosecutor in the Palm Beach County State Attorney's
Office. "From Krischer's perspective, I can't see how he
turns his eyes from it." Which brings Lerman to muse about
Limbaugh and the maid's allegation that she provided the
talk-show host with 11,900 OxyContin tablets - an amount
that makes Ratliff's bottle of 160 pills seem minuscule. If
Limbaugh gets off easy, there will be a lot of James
Ratliffs getting in line. |
