Prosecutors are seeking Rush Limbaugh medical records. ACLU comes to Rush's defense

San Diego Union Tribune ^ | January 12, 2004 | Jill Barton

[John Jorsett]

WEST PALM BEACH, Fla. – Rush Limbaugh and the American Civil Liberties Union don't agree about much, but they're in accord that the conservative radio commentator's medical records should be off-limits to prosecutors.

The Florida ACLU filed court papers Monday supporting Limbaugh's argument that investigators violated his constitutional right to privacy when they seized his medical records in November to investigate whether he violated drug laws when he purchased prescription painkillers.

"It may seem odd that the ACLU has come to the defense of Rush Limbaugh," the state chapter's executive director, Howard Simon, said in a statement. "But we have always said that the ACLU's real client is the Bill of Rights and we will continue to safeguard the values of equality, fairness and privacy for everyone, regardless of race, economic status or political point of view."

State Attorney Barry Krischer had no comment on the ACLU's involvement. Spokesman Mike Edmondson said prosecutors have followed state laws and have protected Limbaugh's rights throughout the investigation. Limbaugh has not been charged with a crime.

Prosecutors say they cannot continue their investigation until they review Limbaugh's medical records, which have been sealed since Dec. 23.

Limbaugh's attorneys have asked an appeals court to keep the records sealed past a Jan. 23 deadline set by the Palm Beach Circuit Court.

Investigators went after the records discovering that Limbaugh received more than 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion. Limbaugh's former maid told investigators she had been supplying him prescription painkillers for years.

Limbaugh argues that the investigation is politically motivated – a charge that prosecutors deny. His attorney Roy Black says the records would only prove Limbaugh suffered from a serious medical condition and was prescribed painkillers.

Limbaugh admitted his addiction in October, saying it stemmed from severe back pain. He took a five-week leave from his afternoon radio show to enter a rehabilitation program.

[Born Conservative]

[ClintonBeGone]

They take these 'show' cases once every few years so young naive law students actually believe them when they say they're not a liberal law suit group. I guess they had to update their bona fides - that 1997 Village Of Skokie case was getting dated.

[rintense]

Did hell just freeze over?

[Ben Bolt]

If I were Mr. Limbaugh I'd be watching my back big time !

[Captain Kirk]

Hey....If they want to help, for whatever reason, they deserve praise.

[cricket]

"I guess they had to update their bona fides -"

. . .for sure.

ACLU aside; since there is always a record of precriptions filled; why do these people think they are entitled to his medical records. They can prove their 'Doctor shopping theory' without them.

Find the sense of entitlement these arrogant Liberal lawyers and Courts have; their brazen disregard for our individual rights and protections more than scary.

But we saw the same arrogant - and frightening - moves against Elian Gonzales when he was rescued by our friendly force of Federal jack-booted thugs.

[lainie]

His attorney ought to ask the court to require the prosecutors to hand over their medical records. You know, just in case they're up to something.

[dljordan]

I thought that under the new HIPAA regulations that the cops could peruse your medical records if they wanted to.

[lainie]

ping

[Digger]

Hey....If they want to help, for whatever reason, they deserve praise

They never deserve praise. This is just an opportunistic ploy because they know how American feels about then since they been exposed. If I were RUSH I would tell then to get the heck out of my affairs.

[fly_so_free]

About time the ACLU made itself useful. But I hope Rush keeps his eye on them.

Can someone tell me why Rush moved to Palm Beach Florida, of all places on earth?

I figure this would be equivalent to me moving to an Islamic neighborhood in Paris, France. Sheeeesh, you couldn't pay me to live there.

[itsahoot]

They never deserve praise

Hey maybe their new employee Former Republican Conservative Congressman Bob Barr will handle this case for them.

[ambrose]

Prosecutors say they cannot continue their investigation until they review Limbaugh's medical records, which have been sealed since Dec. 23.

Looks like Rush is home free if he wins this battle.

I wonder if he'll complain about criminals getting off on a "technicality" in the future?

[onedoug]

Gosh, Hillary works fast.

[RS]

"ACLU aside; since there is always a record of precriptions filled; why do these people think they are entitled to his medical records. They can prove their 'Doctor shopping theory' without them."

Obviously not, since they used the Pharmacy records as part of their "probable cause" to obtain the search warrents for the medical records.

If the doctors all know about each other, it appears there is no doctor-shopping, so the medical records are necessary to prove it either way.

[RS]

"I thought that under the new HIPAA regulations that the cops could peruse your medical records if they wanted to."

Nope... it's just not against HIPPA if they do - it's against other laws...

[TheBattman]

I would also suggest that the ACLU believes it can get some "good press" with LImbaugh by supporting him....

Not likely....

[cricket]

"If the doctors all know about each other, it appears there is no doctor-shopping, so the medical records are necessary to prove it either way."

Then why don't they just subpoena the Doctors. . .and ask question them in such a way that his medical privacy remains in tact.

In addition, these prescriptions are dated; the dose; name of Doctor et al. . .perhaps I am missing something; but still do not get it.

[gitmo]

Can someone tell me why Rush moved to Palm Beach Florida, of all places on earth?

Marta likes Florida. Rush likes golf. Life is good.