Limbaugh Prosecutors: No Evidence of Crime Without Medical Files

NewsMax ^ | 3/11/04 | Limbacher

[Tumbleweed_Connection]

Palm Beach prosecutors investigating Rush Limbaugh all but admitted this week that they currently have no real evidence that the number one radio host violated Florida's drug laws - and won't be able to prosecute the top talker for "doctor shopping" unless a judge lets them look for evidence in Limbaugh's confidential medical files.

State Attorney Barry Krischer made the startling admission in a brief filed with Florida's 4th District Court of Appeals, which is currently weighing whether Limbaugh's medical records are fair game. In the filing Krischer confessed, "The State will not be in a position to know what it can charge, if anything, until the [medical] records are reviewed."

In November Krischer's office seized Limbaugh's medical files and began leaking tidbits to the media before the court ordered prosecutors to back off pending the outcome of Limbaugh's appeal.

The seizure spurred outrage among civil libertarians, with even the ACLU weighing in with its own brief on behalf of the top talker.

Krischer's admission that he has no case without the confidential records also casts doubt on the validity of the search warrants used to justify their seizure.

"Based on the prosecutor's court filing, it would seem that there was no probable cause to issue those warrants in the first place," one legal expert told NewsMax.

[Izzy Dunne]

Gee.
One might almost think that this prosecution was politically motivated or something...

[GOPrincess]

Don't you have to have probable cause to charge something specific before you go fishing??

[CedarDave]

Based on what I read, the medical files were indeed read by the prosecutors in the hours before the judge sealed them. And Rush, or his lawyer, have said their is nothing in them, but that it is a privacy issue. If that is all they have, it is indeed a fishing expedition by the Palm Beach politicos, and the current tactic is nothing more than a further attempt to besmirch Rush and his reputation in an unfriendly press.

[Sacajaweau]

Yes, and that's the point. They've got their case half-a** backwards.

[Blueflag]

HypotheticalProsecutor: "I cannot find evidence of a crime unless I can secure the records of all conversations between the accused and his lawyer, his medical records, as well as the conversations between the accused and his priest in confession. I want a search warrant to see if I can find something."

I think there's a few parts of the Bill of Rights that prevent it...

[westmichman]

Rush's only real offense is "talking while conservative"

[Cicero]

The whole purpose was to knock Rush off the air during election year. That purpose is obviously failing. If anything, the leftist media attacks and prosecutorial misconduct have given Rush a needed impetus to pull himself together and have increased his radio audience.

Barry Krischer is a criminal stooge of the clintons.

[bobo1]

You have got to understand, only liberals have rights. (Bless the ACLU, they get it right 1% of the time).

This is back-firing on the Marxists Big Time. They can't go head to head with Rush on issues (maybe they can now, they've got Al Franken, LOL!).

The wonderful thing about all this is it is in Florida, and I doubt that this will help the rats. Keep it in the news! Big Brother is interested in knowing all your records.

Blessings, Bobo

[skinkinthegrass]

...and the Palm Beach D.A. is Liberal DemocRAT..."Shrillarys' fingerprints (and her 'bootlickers') are all over this one..."

[Fun Bob]

How many cases have you ever heard where the prosecution gives immunity to the head of the organization, the top of the food chain (in this instance, the drug dealer) to go after the little guy? Would the Attorney General give immunity to Michael Corleone in order to prosecute some low level thug for busting kneecaps? ABSOLUTELY NOT! Then why do they give immunity to the drug dealer in order to go after Rush if it isn't politically. They are so full of it.

miserable failure miserable failure miserable failure miserable failure war criminal

[Fun Bob]

How many cases have you ever heard where the prosecution gives immunity to the head of the organization, the top of the food chain (in this instance, the drug dealer) to go after the little guy? Would the Attorney General give immunity to Michael Corleone in order to prosecute some low level thug for busting kneecaps? ABSOLUTELY NOT! Then why do they give immunity to the drug dealer in order to go after Rush if it isn't politically. They are so full of it.

miserable failure miserable failure miserable failure miserable failure war criminal

[Lucky2]

It seems to me that the democrate prosecuter is trying really hard to smear Rush's good name and reputation. It's starting to back-fire on him now, which is a really good thing! Hopefully the Florida Bar Association will begin to take a look at this guy and take care of him properly!

[1Old Pro]

I hope this thing gets wrapped up in the next month or two so we'll have a few months to hammer these liberals for abuse of power and politically motivated harrassment by so called law enforcement and DA's.

[Stagerite]

Limbaugh Prosecutors: No Evidence of Crime Without Medical Files

Compare this with ...

Clinton Prosecutors: Piles upon piles of legitimate evidence ... but members of the US Senate refused to look at it.

[writer33]

"Palm Beach prosecutors investigating Rush Limbaugh all but admitted this week that they currently have no real evidence that the number one radio host violated Florida's drug laws - and won't be able to prosecute the top talker for "doctor shopping" unless a judge lets them look for evidence in Limbaugh's confidential medical files."


We can't have this. Limbaugh must go down! He's corrupting America's youth. He's keeping the progressive people down. He's liberating Americans from liberal diseases. This just won't do. We need... No. We must prosecute at once.

The protagonist of Capitalism must be sent away for as long as we can put him there. He's just an extension of President Bush. Don't you people see that? :) HA! (Sarcasm for your lunch or breakfast)

[robertpaulsen]

What happened to the audiotapes from the wire the housekeeper wore? The testimony of the housekeeper? The cigar box with 10,000 pills? The e-mails? The Denny's parking lot rendezvous? The $200,000 payoff?

Hey, inquiring minds want to know.

[MegaSilver]

One might almost think that this prosecution was politically motivated or something...

I'm not arguing that.

However, if Rush DID break the law, he should come out, admit it, and plea bargain.

[Sacajaweau]

Wonder how this is connected to the new Dem Radio talk show?
They said they would bring down Rush and get their own show going. Seems like they can now use Rush as an advertising tool.

[longtermmemmory]

This prosecution is not even mere suspicion, this prosecution is WISHFUL THINKING!

[Boundless]

> Don't you have to have probable cause to charge
> something specific before you go fishing??

Well, they had "evidence" from a couple of drug dealers,
but they had to give them immunity to get it.

I think the prosecutors got scammed by those two, and
are taking out their frustration on Limbaugh.

[bayourod]

"one legal expert told NewsMax. "

NewsMax isn't the only media to use anonyous sources, but its the only one I know of that keeps them anonymous because they are ashamed of their lack of credibility. Their legal expert was probably the building janitor who watches a lot of Perry Mason reruns.

[elbucko]

The whole purpose was to knock Rush off the air during election year.

Exactly

Barry Krischer is a criminal stooge of the Clintons.

I hope at some time, evidence of Krischer's part in such a conspiracy will be proven.

[Elle Bee]

the only thing criminal about this case IS the prosecution (and thet prosecutor)

... but he will just move on with impuinity

Jeb should have him removed ... can he?

.

[xzins]

If they have no evidence without Limbaugh's records, then they had no reason to proceed in the first place.

In essence, they're on a fishing expedition and are demanding that Limbaugh testify against himself.

Shouldn't he be able to use the 5th amendment to block this?

[international american]

This is getting more bizarre by the day:)

Looks like the prosecutor wants an excuse to pull out.

[Calamari]

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

He has not been charged or indicted or arrested for anything yet.

[Cubs Fan]

"The State will not be in a position to know what it can charge, if anything, until the [medical] records are reviewed."

Just a month or two ago they said they already had proof of at least 10 felonies. pathetic

[Eric in the Ozarks]

I'd like to have 1 percent of the lawsuit Rush files after this smear job is dead and buried.

[pepsionice]

This is kinda like buying a boat to go fishing, but never buying the truck to pull the boat trailer. I think the guy ought to be fired or tossed out at first opportunity. He should have gone through the processes available and took the records at the very beginning. This is more of a joke now.

[k2blader]

Weasels. Because they can't see the private medical files they don't have proof of a crime. They can excuse their lack of evidence and still find Rush guilty at the same time.

[TigersEye]

Rush is gonna eat their lunch. Then he's gonna eat their dinner too!

[freedomluvr1778]

I'd like to have 1 percent of the lawsuit Rush files after this smear job is dead and buried.

How you suppose Black is going to argue that Rush's medical records shouldn't be open to discovery. LOL!!!

[TigersEye]

How you suppose Black is going to argue that Rush's medical records shouldn't be open to discovery. LOL!!!

Why would he do that? ; )

[Clean_Sweep]

"Don't you have to have probable cause to charge something specific before you go fishing??"

Umm.... no, but you do have to buy a license.

[robertpaulsen]

As incredible as it sounds, I think MegaSilver is saying that Rush should turn himself in if he broke the law absent any charges. Like an honor system.

I'm speechless. Truly.

[Calamari]

The burden is on the prosecution. Rush does not have to cooperate in or facilitate his own prosecution. He has counsel and in contrast to Robert Blake appears to be taking his counsel's advice.

[LiteKeeper]

INTREP - RUSH BASHERS

[Future Useless Eater]

who is appealing it?

Did Limbaugh already lose a ruling, so HE is appealing it?

or did prosecutor lose one, so prosecutor is appealing it?

[chesley]

The beautiful thing about our system is that even the guilty have the right to plead innocent. It is the prosecution's job to prove otherwise. Why make their jobs easier? In fact, I believe that there is a positive moral duty to exercise all of your rights when questioned by the authorities

[<1/1,000,000th%]

So much for probable cause.

[PeoplesRep_of_LA]

What? What's the big deal? I'm just hangin' out here, looking for justice. Stop staring at me, I'll catch something, you'll see.

[talleyman]

What happened to the audiotapes from the wire the housekeeper wore? The testimony of the housekeeper? The cigar box with 10,000 pills? The e-mails? The Denny's parking lot rendezvous? The $200,000 payoff?

Hey, inquiring minds want to know.

Eggzactly - what about all the so-called evidence, hmmm?

[MegaSilver]

As incredible as it sounds, I think MegaSilver is saying that Rush should turn himself in if he broke the law absent any charges. Like an honor system.

What I SHOULD have said was, "If he is charged, and if he's guilty." People know when they're guilty, and IF they are charged legitimately, they save the system a whole lot of trouble by pleading guilty.

It didn't come out nearly the way it was meant to.

[MegaSilver]

What I SHOULD have said was, "If he is charged, and if he's guilty." People know when they're guilty, and IF they are charged legitimately, they save the system a whole lot of trouble by pleading guilty.

Of course, if someone is wrongfully charged, they have a civic duty to fight against it and expose a corrupt process in the system.

[Area51]

Unless you let us go snooping thru private records and conversations Your Honor, we the Politically motivated Prosecutors don't have a leg to stand on... But please just this once forget about the Bill of Rights.

Those rights only count for Whiney assed Liberals and Local Judges strung out on Pain Killers.

Respectfully Submitted,
Palm Beach Prosecutors Et. Al.

[SpinyNorman]

Clinton Prosecutors: Piles upon piles of legitimate evidence ... but members of the US Senate refused to look at it.

Would that include star prosecutor Kerry, man of integrity and moral certitude? Or Kerry the Viet Vet (did you know he was in Vietnam?), who lied about war crimes by his fellow soldiers?

[Redbob]

You're right: they've now made Rush sympathetic, as the victim of a staged, politically-motivated prosecution.

Or should that be "persecution?"

[GOPrincess]

To my understanding, Rush won an injunction to have the records removed from the prosecutor -- the prosecutor has to convince the court they should be allowed to have the records back. If the DA can't make the case, the temporary injunction won by Rush is upheld permanently.

[NYCVirago]

Imagine the feds in the BALCO case prosecuted the case using the Palm Beach prosecutors' logic-- using Palm Beach's wacky logic, Barry Bonds, Jason Giambi and Gary Sheffield should be in jail, while their alleged steroid suppliers go free!