Limbaugh Accuser May Face Jail Time for Illegal Taping

NewsMax ^ | 10/12/03 | Limbacher

[Tumbleweed_Connection]

If Rush Limbaugh's ex-housekeeper Wilma Cline tape-recorded her prescription drug sales to the talk radio megastar, as claimed in the National Enquirer, she committed a felony punishable by up to five years in jail, according to lawyers familiar with case.

That means that Mrs. Cline - and not Mr. Limbaugh - could be the one doing jail time if the Florida State's Attorney's office decides to prosecute.

Although so-called legal experts outside Florida have repeatedly called Mrs. Cline's tapes the most legally problematic evidence against Limbaugh, Assistant State's Attorney James Martz told the Palm Beach Post that Cline's recordings were illegally obtained and would therefore be inadmissible in court.

"Such tapings can't even be heard by prosecutors," said Martz, who is currently heading up the larger drug probe in which Limbaugh became ensnared.

Based on interviews with Martz and other local lawyers, the Post reported last week, "If Wilma Cline did tape Limbaugh without his knowledge, that is a third-degree felony punishable by up to five years in prison."

Martz's office would not comment on whether it has granted Cline immunity, but last week lawyers familiar with the case told the New York Daily News that the housekeeper's decision to sell her story to the National Enquirer compromised an ongoing drug probe in which Limbaugh was not the target.

Commenting on the strength of the case against the top talker without Cline's tapes, Florida attorney Michael Salnick told the Post, "I think it's legal suicide to go after a guy like Limbaugh with evidence as flimsy as this."

[Orangedog]

Based on interviews with Martz and other local lawyers, the Post reported last week, "If Wilma Cline did tape Limbaugh without his knowledge, that is a third-degree felony punishable by up to five years in prison."

I thought that only applied to recording phone conversations...guess you learn something new every day.

[Support Free Republic]

Hi mom!

[Tumbleweed_Connection]

Based upon what little I've read of your legal literacy, just to be on the safe side, I would ask before commenting.

[MindBender26]

We posted a "vanity" story on FR about the illegality and inadmisability of the tapes on October 2, 2003. Even Newsmax is waaaay behind FR!

[Orangedog]

Whatever...Oh Mighty Law Professor.

[GB]

OK, I do not doubt that this is true, and this housekeeper is basically nothing more than human debris in my eyes, complete flotsam and jetsam.

However, I really don't know if it would be in Rush's best interests to start splitting legal hairs here, because IMHO for him and his attorneys to try to make an issue of this will give the appearance of him trying to "weasel out of something on a technicality," even if it isn't actually the case.

I'll wager a Big Mac meal ... which is about the sum total of my disposable income right now, LOL! ... that Roy Black is already proactively speaking with the prosecutors there to come up with some kind of arrangement, deal or whatever you want to call it, so that all this will be behind Rush when he gets out of rehab and gets back on the air. Because, again IMHO, I really think it would be best for him to have as clean a slate as possible and not have any legal stuff hanging over his head when he gets back to work.

I would imagine this arrangement would include Rush talking with the prosecutors and maybe testifying in court about any information he has on the dealers, Rush paying a fine, Rush possibly performing some community service and Rush most likely peeing in a bottle once or twice a week for the forseeable future.

I don't think that would be a high price at all to put this behind him and get on with his life and his career.

[tinamina]

Didn't Al Gore blame Rush et al for his 2000 loss? What if the Al Gore sympathizers decided that Rush was dangerous to Dems winning elections and decided to hire investigators to try to get something on Rush. They could easily find out who his housekeeper was and pay her to find dirt, couldn't they? If that scenario turns out to be true, Rush certainly has the bucks to investigate where the original culprit is, and I hope he does and exposes the plot for all the world to see.
I don't think the National Enquirer money was the incentive, I think Wilma was a spy who got paid off prior, that's why she wore the wire. Of course recording studios can do wonders with editing conversations, and they've had 2 years to work on this little project.
Ed Asner reportedly told Mike Gallager that "We" got Rush and Hannity's next. Sounds like a campaign to dig up dirt (or manufacture it) on all the top conservative media people prior to the 2004 election, so that Dems have an easier time fooling the public to me! I'm sure the plan was to at least keep Rush tied up in legal problems through election time, if not shut him up forever. I don't think they counted on the loyalty of Rush's fans.
I heard Rush say that he was addicted to drugs prescribed by his doctor. He never said he went to the black market to get perscription drugs. I'm not saying he didn't but just that I didn't hear him say that, as some news media are portraying he did.
It will be very interesting to see what truth comes out of this eventually.

[Mike Darancette]

Does the Enquiror have any criminal or civil liability since they bought the tapes?

[ladyinred]

That would be sweet justice. If Linda Tripp can be prosecuted with immunity, so can this babe.

[Howlin]

Listen to Geraldo's show tonight; he has Mike Walker from teh National Enquirer on. It's going to get worse.

[Calvin Locke]

... since they bought the tapes?

Heard one of the reporters on the story Friday after Rush.

He said that they [Nat'l Enquirer] have copies of the answering machine tapes. So, as long as he left messages
on the machine, Limbaugh was an idiot.
(I wonder if Cline picked up when he was leaving the message...and didn't turn off the machine?)

[Tuscaloosa Goldfinch]

Correct me if I'm wrong, but don't the authorities have to get a judge's permission BEFORE doing any kind of taping? Or is that just wiretapping?

Did the maid do the taping for the police, or for the National Enquirer?

[EveningStar]

You may as well drop this. The smug gloating Rush haters on FR outnumber you.

[coloradan]

Linda Tripp taped phone calls that she was a party to; some states allow this and some do not, however, Linda's calls were across state lines, MD to D.C., making federal law apply, which allows this. (The fact that MD prosecuted her anyway shows what a politically motivated prosecution it was.)

Taping conversations to which one is a party is legal in some places and not others. Taping conversations to which one is not a participant or attendent is always illegal, except for government agents with a warrant.

[dennisw]

Applies to all audio taping. Video taping may be allowed if audio is off it.

[ravinson]

That means that Mrs. Cline - and not Mr. Limbaugh - could be the one doing jail time if the Florida State's Attorney's office decides to prosecute.

Don't bet on it. The National Enquirer guy on Geraldo tonight said that a "minor bombshell" will come out this week -- something about Rush's other source(s) and the surprising involvement of someone close to him.

The only way Rush can avoid proseucution is to rat on all his suppliers. Now Rush will truly learn the downside of the War on Drugs he has so vocally supported.

[Howlin]

I heard Mike Walker say that.

What surprised me was his saying that Rush got behind on his payments!

[ravinson]

What surprised me was his saying that Rush got behind on his payments!

Rush was aparently hiding his drug abuse from his wife, so I'm not surprised that he would have a hard time raising big "cabbage" for black market drugs without raising her suspicions.

[Howlin]

I'm sorry; I'm not buying that Rush Limbaugh couldn't cough up the dough.