What's Happening To Rush Should Worry Us All

The Tampa Tribune ^ | Jan 31, 2004 | Editorial

[AlwaysLurking]

What's Happening To Rush Should Worry Us All

Published: Jan 31, 2004

R ush Limbaugh is under investigation for doctor-shopping to sustain his prescription drug habit. Last week Palm Beach County prosecutors released confidential information showing that the conservative radio host initiated plea negotiations but failed to cut a deal.

Without having charged him with anything, they cast the suspicion of guilt over Limbaugh by revealing that he was willing to bargain.

Whether you love him or hate him, what's happening to Limbaugh is scary. Negotiations for a possible plea agreement are generally thought to be confidential. And they should be. Without a good-faith belief that such preliminary conversations will remain confidential, no defendant would engage in them and the justice system would slow to a crawl.

Think, too, of how such information could taint prospective jurors: If they hear that someone considered a plea bargain, they may well begin their deliberations with a presumption of guilt, not innocence.

Prosecutors said they sought and received advice from The Florida Bar and the Attorney General's Office and learned that they were obliged to make the letters public.

But both the Bar and Attorney General Charlie Crist's general counsel, an expert on public records law, say they were misrepresented.

``It seems to me that the purpose in contacting me about this issue may not have been to obtain impartial advice on an open government issue, but rather to use a part of our conversation to justify your office's decision that the documents should be released,'' wrote Assistant Attorney General Pat Gleason.

``This is disappointing to me personally and professionally.''

Added Bar President Miles A. McGrane III: ``I don't think the Bar or any organization provides services as a straw man to hide behind. In our opinion, misstatements were made about our role.'`

Prosecutors do not have to turn over investigative records until an inquiry is complete. Likewise, they should not turn over preliminary conversations about a plea bargain unless the deal is done.

That they would so willingly release sensitive documents in this case gives credence to the notion that Limbaugh is being singled out for harsher treatment because of his politics and celebrity.

[Mamzelle]

Have driven through Fla a few times. I was fascinated by those giant screen covers over the backyards, they looked expensive to install and maintain, but were on at least half of the homes I saw from the highway--you must have some serious bugs.

[Dianna]

I gave an example. plus just listen to Court TV, all the time there is mention of plea agreements to thwart a possible conviction.

So, after charges have been filed, after the jury has been selected, and after the trial has started, sometimes we hear about plea deals.

You don't think that is any different than talking about a plea deal by someone who has not been charged with anything?

[longtermmemmory]

this is pre-filing. Soliciting a guilty plea is probative of the ultimate charges.

If it gets to court TV the Jury is seated and the Jury is not privy to the plea negotiations.

The particulary troubliing fact here is that the SA portrays these letters as a unique. Such exchanges are routine. Such exchanges are routinely kept confidential. As in always.

[par4]

Sorry, but there's no admission of guilt here; as I see it, this is a case of an individual attempting to save himself a huge (Hugh??) pile of cash. Were I in a similar position (under attack for something that I wasn't guiltly of, but with enough circumstantial evidence for an overzealous prosecutor to take to a grand jury), I would look for the cheapest and easiest way out.

In other words, since Rush is purportedly off the meds and under rehabilitative therapy, his best and cheapest course of action is to make a deal - I'll stay off the meds and you leave me alone. Since the procesecutor doesn't want to agree to this, then off to trial we go - at $600 and hour for Roy Black. I'd think that saving the money is better than a phyrric victory that costs millions to prove innocence.

[Cubs Fan]

--Such exchanges are routinely kept confidential. As in always.--

Whether its Releasing confidential plea negotiations, Filibustering judges or viciously criticizing a sitting president in time of war.

That's what democrats specialize in, destroying traditions and sinking to new lows before unthought of.

[longtermmemmory]

Take rush out of this and make it an ordianry 100% innocent citizen with ordinary income and has been arrested for being at the wrong place at the wrong time. If they are offered an opportunity where they can sit in drug rehab class and the case is dropped. No need for discover, no criminal record, just drop a urine on occasion. It is a guarantee that does not appear very often in the court system.

If you fight the case it will cost at least 15 thousand. So what does a mother, father, or just a working person do?
(actually that is retorical, of course they take the drug court intervention in order to get the guarantee case dropped.)

[commish]

What amazes me is the plethora of Morons who still call this a PLEA BARGAIN negotiation.

A Plea bargain is when the defendent agrees to Cop a Certain Plea in return for a lowered sentence.

Hello! Knock knock! No chagres have been files, and if people would take the time to read the paperwork --there WAS NO PLEA DISCUSSION!!! The entire thing was a "hey tell you what, How about Rush goes to Rehab and you guys DROP THE CHARGES!"

Anyone calling it a PLEA Negotiation is being disengenuous and using this to smear Rush or furthur thier own agenda.

[swampfox98]

The point I am trying to make is that there is always someone out there in the position to burn you.

It happens in schools, colleges, churches, communities, and on Internet Conservtive Forums. I have learned that when I speak out and make people mad, to do as you have done - take my medicine and live to fight another day.

I don't care what people think of me. I believe what I believe and my enemies can go pound sand.

[par4]

My point exactly - Anyone who hears a prosecutor making loud noises about multiple (I believe that the number was 10) charges would be a fool not to try and make a deal to make it go away, especially if the "punishment" was having to stay straight anyway.

But again, if that person was actually innocent and a "deal" like that couldn't be made, then he would have to decide whether he could afford to fight all the charges. In Rush's case, I would think that he would decide to spend to money to prove his innocence when the prosecutor balked at dropping the entire matter. A person with less available funding might take a conviction to save the money, while another might use his every last nickle to keep his integrety intact.

[AbsoluteJustice]

BUT it is NOT LAW

If it were I would be in support.

[AbsoluteJustice]

Why do you support this assesment?

If Rushbo fans are so in support of him and are harping proclaiming his innocence then why are said such fans supporting a plea bargain.

Remeber Rush said he did not doctor shop. So if the prosecutor is attempting to bring charges to such a crime why is Rush not defending himself to the utter end. This has nothing to do with money. rush makes millions a year. I suspect he doesn't want people to hear the evidence to save face and to save himself from being proven a hypocrit. To me him plea bargaining shows that this man is doing anything he can to supress possible evidence. this would in effect lower him from his all high moral authority perch he has placed himself upon.

Money vs. someone word

Sorry but this doesn't cut the cheese. If you have nothing to hide and you are a man to your word then money is no object.

People call M.J.'s buyout of a child a hush hush situation and bag him.

Why is there a double standard here?

[jimt]

What's Happening To Rush Suspected Drug Users Should Worry Us All

I wonder if they were so concerned when the target wasn't Rush ?

They should have been.

[longtermmemmory]

In FL the Drug Court intervention program IS THE LAW! Duh! I have been saying that from DAY ONE!!! The media is totally missing the existance of drug court. Especially one particular CNN employee reporter out of miami who should know intimatly better about the program's existance.

Thousands of people have recieved treatment instead of going to trial (or plea bargain) through the Drug Court intervention program.

[longtermmemmory]

It should worry anyone who comes into contact with the court system. The conduct of the SA shows that the SA has "a" bias. If this were Al Frankin would the SA have bothered? If this was the head of the local Democrat Party? Republican Party? Democrat Politician? Republican Politician?

There is a reason a public official lawyer is held to the standard of "the appearance of imporpriety is impropriety."
Thus the SA's conduct which does just "appear" improper is enough to be an ethics violation alone.

[longtermmemmory]

not that expesinve and low maintenace. Not so good during a huricane. The also keep leaves and bugs out of the pools beneth them. They are also considered a "pool fence" to keep children from drowning by accident.

[CFC__VRWC]

I have read all your posts on this thread, and have noticed all kinds of self-righteous hatred and contempt for Rush, yet not one single comment about Palm Beach SA Kirscher's behavior. So I guess it's perfectly okay by you that this guy is allowed to commit all kinds of ethical violations and (apparently) deliberately misrepresent the communications of the Florida Bar and the Florida Attorney General in regards to this case.

Believe me when I tell you that the Florida Bar Association is no friend of conservatives - like most state bars, they primarily exist to protect the little racket the trial lawyers have going on, so their politics tend to be quite far left. For them to so openly repudiate Kirscher tells me that he has stepped on it big time. Privately, the Bar is probably furious that Kirscher forced them to take this stand. But he has behaved so egregiously, thanks to his open lust to make his Democratic political bones off Limbaugh's carcass, that they had no choice but to act.

Looks to me like you're engaging in a classic "ends justify the means" argument, which is very popular with leftists and the legalize-everything-under-the-sun crowd. Another tactic popular with you guys is to attack Rush for using a "Kennedy lawyer" to get him off - I guess he's just supposed to just sit there and let an overzealous prosecutor abuse the legal system to stick him with a sentence that is way more severe than one that would be handed out to some Joe Sixpack with no prior criminal history in the same situation, for the sole purpose of making that prosecutor the darling of the media and the liberal glitterati.

As much as I indulge in lawyer-bashing when I read about some shyster making millions because some twit dumps hot coffee in her lap, I do recognize that when you need a lawyer, you really really need one. And to "stand on principle" and refuse to engage the services of one or to refuse to put up any kind of defense is perfectly fine, as long as the "principle" you're standing on is sheer stupidity.

As a first-time offender with no criminal background, Drug Court , along with some community service, is an appropriate punishment for Rush. That's what you would get if you were popped for the same thing. He surely doesn't deserve to spend five years in state prison as someone's jail pump, your feelings and wishes aside.

[Penner]

Sorry, but he has no one to blame but himself.

[AbsoluteJustice]

"I have read all your posts on this thread, and have noticed all kinds of self-righteous hatred and contempt for Rush"

So now its my fault Rush doped it up? Me self righteous? Not in the least bit! Then again I don't have a mike 4 hours a day espousing how I am above a soap box. Rush brought this upon himself noone else did this to him.

"yet not one single comment about Palm Beach SA Kirscher's behavior. So I guess it's perfectly okay by you that this guy is allowed to commit all kinds of ethical violations and (apparently) deliberately misrepresent the communications of the Florida Bar and the Florida Attorney General in regards to this case."

I do not agree with everything he is doing by any stretch I am just so sick and tired of the ooo whoa is me defense Rush has built for himself. When all you do all day is place yourself on high and point out the faults of others all day and proclaim to be a "moral authority" over all what do you expect? Sympathy? Cmon get real. This man was found to be a doper, abusing drugs. Next you will tell me that it is a "disease" If Kirscher's behavior was unethical and or illegal then he will be censored but he has not.

"Believe me when I tell you that the Florida Bar Association is no friend of conservatives"

Agree

I hate lawyers as well.

"Another tactic popular with you guys is to attack Rush for using a "Kennedy lawyer" to get him off - I guess he's just supposed to just sit there and let an overzealous prosecutor abuse the legal system to stick him with a sentence that is way more severe than one that would be handed out to some Joe Sixpack with no prior criminal history in the same situation, for the sole purpose of making that prosecutor the darling of the media and the liberal glitterati."

You guys? So because I am in disagreement I am "you guys" liberal? Not in the least bit. I can't stand pompous, self-righteous people who are hypocrits. If Rush is soooo innocent as he proclaims then he would fight this to the end and clear his name. But no he is plea barganing. I think more people are pissed that it has been found that he is plea bargaining then fighting this. If I were a Rush fan I would be pissed. Someone crying on a mic for 4 hours about how they are innocent and fighting in the court of public opinion then squirm his way to fit a deal instead of fighting. This is what upset me the most. Sure its not right releasing that information and this is why Rushbots are pissed because he has been found trying to squirm his way out again...hush hush

"As a first-time offender with no criminal background, Drug Court , along with some community service, is an appropriate punishment for Rush. That's what you would get if you were popped for the same thing. He surely doesn't deserve to spend five years in state prison as someone's jail pump, your feelings and wishes aside."

I agree he should not do jail time. See we agree on more than you know. If he did commit the crime it is petty. But he still needs to apologize to his fans on this one. Instead of fighting the fight like he does behind a mic everyday, proclaiming to be a fighter, he sure is trying to get outta this one. Then again "he didn't doctor shop"

[AbsoluteJustice]

I don't think Rush should spend a day behind bars.

[longtermmemmory]

I think rush handled the admission of his problem best that I have seen. None of this hollyweird stuff which has a celebrity basically demonstrating you can enjoy the drug, and jet set lifestyle, have fun, and theeeeeen when you get older suddelny find sanity and tell everyone else not to have the same fun you did.

Rush said he did not want to be an example, he said it was his responsibility alone. What did anyone else expect? He does not owe me anything. Rush's fame is controlled by the dial, one turn and its gone. Run over. As far as PR is concerned, the admission is done, over, and finished.

Now the "whoopass" the SA is about to recieve is goooing to be fuuuuuuun. I see a future need to expand the drug court intervention program. I see the ethics rules making the SA's actions crystal clear a violation. I see Rush's program even more of a nightmare for Democrats thanks to this failed effort. I see Al whatshisname trying to garner sympathy by admitting his drug problem in the 70's, again and again.

That which does not kill me only makes me stronger.