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Limbaugh Prosecutors: No Evidence of Crime Without Medical Files
NewsMax ^ | 3/11/04 | Limbacher

Posted on 03/11/2004 8:43:27 AM PST by 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.



TOPICS: Front Page News; News/Current Events; Politics/Elections
KEYWORDS: abuseofpower; democratprosecutor; dirtypolitics; districtattorney; doctorshopping; doublestandard; drugs; fishingexpedition; florida; floriduh; junkie; lyingjunkie; mediabias; medicalrecords; moneylaundering; paulsonlicksballs; pilingon; policeharassment; politicalattack; privacy; rush; rushbashing; rushbots; rushhaters; rushisgod; rushlimbaugh; rusn; selfincrimination; smearcampaign; talkradio; witchhunt; worshiprush
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1 posted on 03/11/2004 8:43:32 AM PST by Tumbleweed_Connection
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To: Tumbleweed_Connection
Gee.
One might almost think that this prosecution was politically motivated or something...
2 posted on 03/11/2004 8:47:27 AM PST by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Tumbleweed_Connection
Don't you have to have probable cause to charge something specific before you go fishing??
3 posted on 03/11/2004 8:48:16 AM PST by GOPrincess
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To: Tumbleweed_Connection
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.
4 posted on 03/11/2004 8:49:28 AM PST by CedarDave (A lie from your opponent left unanswered becomes the truth in the eye of a typical "swing" voter.)
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To: GOPrincess
Yes, and that's the point. They've got their case half-a** backwards.
5 posted on 03/11/2004 8:50:12 AM PST by Sacajaweau (God Bless Our Troops!!)
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To: Tumbleweed_Connection
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...
6 posted on 03/11/2004 8:50:27 AM PST by Blueflag (Res ipsa loquitor)
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To: Tumbleweed_Connection
Rush's only real offense is "talking while conservative"
7 posted on 03/11/2004 8:50:55 AM PST by westmichman
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To: Tumbleweed_Connection
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.
8 posted on 03/11/2004 8:51:10 AM PST by Cicero (Marcus Tullius)
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To: Tumbleweed_Connection
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
9 posted on 03/11/2004 8:51:16 AM PST by bobo1
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To: Tumbleweed_Connection
...and the Palm Beach D.A. is Liberal DemocRAT..."Shrillarys' fingerprints (and her 'bootlickers') are all over this one..."
10 posted on 03/11/2004 8:51:19 AM PST by skinkinthegrass (Just because you're paranoid, doesn't mean they aren't out to get you :)
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To: Tumbleweed_Connection
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

11 posted on 03/11/2004 8:51:49 AM PST by Fun Bob
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To: Tumbleweed_Connection
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

12 posted on 03/11/2004 8:51:54 AM PST by Fun Bob
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To: Tumbleweed_Connection
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!
13 posted on 03/11/2004 8:54:00 AM PST by Lucky2 (Before I die, I want Bill and Hillary tried for treason and jailed (executed) for their crimess.)
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To: Tumbleweed_Connection
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.
14 posted on 03/11/2004 8:54:08 AM PST by 1Old Pro
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To: Tumbleweed_Connection
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.

15 posted on 03/11/2004 8:57:59 AM PST by Stagerite
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To: 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."


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)
16 posted on 03/11/2004 8:57:59 AM PST by writer33 (The U.S. Constitution defines a Conservative)
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To: Tumbleweed_Connection
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.

17 posted on 03/11/2004 8:58:40 AM PST by robertpaulsen
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To: Izzy Dunne
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.

18 posted on 03/11/2004 8:59:28 AM PST by MegaSilver
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To: 1Old Pro
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.
19 posted on 03/11/2004 8:59:31 AM PST by Sacajaweau (God Bless Our Troops!!)
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To: Tumbleweed_Connection
This prosecution is not even mere suspicion, this prosecution is WISHFUL THINKING!
20 posted on 03/11/2004 9:00:12 AM PST by longtermmemmory (Vote!)
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