Kendall Coffey Comments on the Rush Limbaugh Case

Fox News Channel-The Factor ^ | 12-23-03 | Kendall Coffey and John Kasich

[Matchett-PI]

This was transcribed by me from my own personal video and audio tapes of this interview.

One segment of "The Factor" on The Bill O'Reilly Show - Fox News Channel - Tuesday evening - 12-23-03 - Aproximately halfway between 8 and 9 PM EDT

Host: Former Ohio Congressman, John Kasich - sitting in for O'Reilly

Guest: Former US Attorney, Kendall Coffey, Miami, Florida

John Kasich (doing the introduction to the topic - I missed the first couple of words): "...to look at his medical records to decide if he should be charged with 'doctor shopping' for prescription pain killers.

Limbaugh's lawyer has already appealed, and yesterday he said Rush was blackmailed by his former housekeeper. Limbaugh, himself, said the Democrats are behind his legal troubles.

So could there really be a political agenda here? Joining us from Miami is former U.S. Attorney, Kendall Coffey.

Mr Coffey, why do they need to look at these very private medical records, you know, the relations between a patient and his doctor?"

Coffey: "Very sensitive, very confidential, and certainly protected by the law. But what the judge found, is that the prosecutor has a legitimate interest in them because of the theory of the prosecution, which is 'doctor shopping'. That is to say, according to the prosecution, 2000 pills purchased within a six month period from four different doctors, under Florida law, it's a class three felony to be going to different doctors within a 30-day period, without disclosing to one doctor that you're getting essentially the same prescription drug.

That's the theory of the prosecution - too early to tell whether it's going anywhere, but understandable that a judge would not want to shut down the prosecution this early in the process."

John: "Mr. Coffey, you've had a lot of experience in these sorts of things, ahhh, a prosecutor going after a guy who's got cronic pain, in and out of facilities, uhm, what's the typical way in which they would treat somebody who is a user of prescription drugs? Or an abuser of prescription drugs?"

Coffey: "Well, John that's the big question here, because there is a huge divide between users and traffickers. And we're not hearing any allegation that Rush Limbaugh is a trafficker.

So it's a fair question to see why is this degree of intense effort being dedicated to somebody who, at worst, is apparently an addict who developed an addiction as a result of severe back pain.

That's really the profile of a person that you don't try to put into jail, but you write that kind of prescription for that kind of person for community service, treatment, and that would seem to be the logical outcome here for Rush Limbaugh. I'm not clear why the prosecution is going more aggressively in this direction."

John: "You know, Mr. Coffey, I've never met you before, I know you have had a history of supportiing some Democrats, but that doesn't matter to me, you seem like a fair guy. When I look at this case, and I see this prosecutor doing this, I think this stinks. I think this is, ah, this is political. Your take on it."

Coffey: "Well, the judge found that it's good faith. And I would be surprised, John, if this were some conspiracy theory involving national Democrats. But let's look at some of the other things..."

John (interrupting): "I'm not saying that, but what about a prosecutor can make a name for himself in Palm Beach County, a Democrat taking down the big dog, Rush Limbaugh?"

Coffey: "Well, that's a concern in every case involving a major celebrity. Rush Limbaugh, seems like, if he were just another guy who had an addiction problem, this would have been wrapped up weeks ago along the lines of what I described; lots of community service, treatment, then at some point the charges are dropped -- no conviction, end of the matter.

What happens sometimes is these kind of high-profile cases take on a life of their own.

The police that are involved, want to push, push, push and develop the case fully. The local newspaper has editorialized basically in favor of pursuing the case further.

So, while, whatever may be the landscape in this case, it is pushing the prosecution further from a point where, early in October, John, they had sent clear signals, from my reading the situation, that they were not going to pursue Rush Limbaugh, because their targets are pill peddlers, not pill-poppers. Something's changed, here."

John: "Is it possible, Mr. Coffey, that he will not be charged? 'Cause, you know, we gotta make it clear, Rush has NOT been charged yet for anything. Is it possible that the prosecutor could walk away from this?"

Coffey: "Well, I think that it's entirely possible.

What I expect, after the back and forth - it's clearly gotten more adversarial in recent days - that at some point, when the press heat is off, and the public pressure is off, they're gonna sit down, and they're gonna work out a deal that, at the end of the day, despite extensive efforts, is gonna be the same treatment that anyone else would have gotten - rich man or poor man - what amounts to pre-trial intervention, and as we just talked about, community service, treatment, and the book is closed and the chapter is over."

John: "Well, I hope. And I hope that - you know, I don't want to, I don't want to, you know, rip the prosecutor -- I don't know enough about him -- but I hope that at the end of the day we get some justice and they got some fair treatment. Thanks for being with us." [End of interview.]

End of transcript.

[drlevy88]

Rush's habit does not in the slightest justify illegal conduct on the part of the state.

[E.G.C.]

Bump in support of El Rushbo.

[Common Tator]

If you read the court records you will find Rush did consult 4 doctors. Three of the doctors were connected to the same office. It is not a case of doctor shopping if you go to different doctors in the same practice. Two of the doctors were in the same practice. The third was a substitute that handled these two doctors patients when one of them was on vacation or taking time off.

The fourth doctor was the one who did his ear operation.

I don't see how they could make a case for doctor shopping.

[cubreporter]

You got it....but...see my tag line. :)

[RS]

"As Mr. Black points out before the judge, the prosecution avoided supplying information on who the four doctors were in obtaining their search warrant. Had they provided the information on who the doctors were and the reason that Rush was seeing each, I doubt it would have supported probable cause."

EVEN after Black explained this, the present Judge did NOT quash the search warrent, as he should have done if he felt this information would have effected the earlier decision.

Your arguement is simply wrong.

[pinz-n-needlez]

I agree with your 'logic.'

Only a true hater of Rush's work, effectiveness would try. That's why I think CyberAnt nailed it with the HIllary connection.

Using her/their logic, this prosecution would make all the sense in the world.

They've got to get (and keep) him off the air in order for her nomination and election to see the light of day. Remember how he exposed and ridiculed her so effectively during her Health Care fiasco?

This is going to be fun to watch, CommonTator. I'll look forward to reading your takes on it. I hope Rush is up for the fight, especially since they will do all that they can to destroy him up close and personal.

Pinz

[Helms]

My understanding is that Rush probably chewed the pills for maximum effectiveness. Further he may have bought in large quantities so he would not have to expose himself repeatedly. He also had the money to buy in bulk, and if I had his addiction I would have bought in large quantities so as to demean myself as little as possible.

[des]

Looks like 1700-1800 over six months, when you subtract the non-analgesics. Taking 9-10 pills per day for severe, chronic pain is not unusual. Pain specialists have said this case is setting back pain management treatment 100 years. It is difficult to space prescriptions perfectly, when you have a patient that travels a lot. (That is also a frequent ploy by drug-seekers, "I'll be out of town when my next script is due")

[RS]

"doctor-shopping" the term given to a law against obtaining drugs through fraud - So it really dosen't refer to the law, simply the way that many criminals will break it.

Many here on FR are given the wrong impression of that law by what it is called "in the trade".

Suspicions might have been perked up by some of the activities in that single pharmacy we know about - such as the multiple purchases adding up to 340 Norco, and 60 Lorcet in a 16 day period, or perhaps 60 Norco followed by another 240 Norco THE NEXT DAY.

[RS]

"Rush's habit does not in the slightest justify illegal conduct on the part of the state."

Yep, and when illegal conduct on the part of the State is presented, we should condemn it.

... and I have no doubt that Mr. Black will be the first to officially demand that charges be brought. When he does that, I will certainly listen.

[cantfindagoodscreenname]

Pain specialists have said this case is setting back pain management treatment 100 years.

I'm not sure I understand why. Do you mean that this is a valid way to manage pain and this case is making it look like it's not a good way to do it because of the investigation? Or are you saying that Rush's continued use of pain medication for his problems is setting a bad example for people who need to manage their pain differently? I'm surprised that this case would have any impact on pain management treatment in general.

[CyberAnt]

Thanks for that update on the doctors .. I had heard there were only 3 (but maybe they meant the 3 in one office).

[LPM1888]

What is illegal about the States actions? They are actively investigating criminal activity.

[greasepaint]

I have a suggestion.
I think it would be helpful if all of Rush's doctors
would send a sworn-affadavit to the prosecutors office
stating that they knew of the existence of the others
doctors and previous prescritions.
.
(by bringing this matter to a quick conclusion)...
This suggestion will save thousands of dollars of the
state's money, and millions of Rush's legal bill.
I don't think that is too much to ask.

[CyberAnt]

Part of the original story was that the prosecutors had been SITTING ON THIS INFO FOR 2 YEARS. Then .. all of a sudden they want a search warrant ..?? Give me a break! This is so obviously a POLITICAL HIT .. there is just no other reason for this to be going on.

[harpo11]

Do you happen to know when this Florida State "Doctor Shopping" Legislation was signed into Law?,p> Moreover, why isn't the DA going after big drug companies that create and manufacture medicene that has high potential of causing addiction?

Why isn't the FDA called to task for allowing drugs to be manufactured that are addictive?

After all, IMHO, it's the same as tobacco, people who smoke cigarettes get addicted to nicotine and are considered innocent victims of big tobacco's nasty risky schemes. When a doctor gives his patient a perscription for pain medication that can be highly addictive to some patients who are told to use it for pain relief, isn't the doctor in some ways contributing to the unsuspecting patient's potential addiction problem even though he seriously wants and desires to help his patient?

What a mess this is for all concerned, IMV.

Anyway, enjoyed your inputs.

[RS]

"Do you happen to know when this Florida State "Doctor Shopping" Legislation was signed into Law?"
July 02

Moreover, why isn't the DA going after big drug companies that create and manufacture medicene that has high potential of causing addiction?

Probably because when used under a doctors direction it balences needed relief vs. dependance.

BTW - If the ONLY way that people can be relieved of their pain is through constant drug infusion, I have no problem with it. In Rushs case, it appears that he COULD and finally DID quit.

... and you're right - Tobacco companies should have never been responsible - just like Krispy Kremes is not responsible for fat.

[greasepaint]

>had been SITTING ON THIS INFO FOR 2 YEARS
.
There is a reason for that.
The matter in question was pretty much a
'tough to get a conviction' issue until
this year, when Rush helps the prosecution by
by supplying ...on pharmacy records... evidence of
(supposed) additional crime.

[CyberAnt]

Well .. you can believe whatever you want. The FL prosecutors cannot have much if they have to pour over Rush's medical files "to see if they can find anything". If they need to "find" something .. then they don't HAVE ANYTHING.

It's a hit .. it's a setup .. and lately I'm even thinking the maid could have been in on the setup. That may require tinfoil, but I just do not trust Hillary. She will do anything, and pay any price to get the WH. If people have a problem believe that .. they need to read "An Any Cost: How Al Gore Tried to Steal the Election". Yes, I know the story is about Al Gore, but the methods Al used were classic DNC-Clinton trademark corruption.

[greasepaint]

I agree with you on the 'maid issue',
that coulda been a setup.
Also, IMO, an important issue is whether
Rush lied to his doctors. It will be interesting
when the doctors are questioned at trial.
The maid rats on Rush.
Rush rats on the maid.
Will the doctors rat on Rush?