THE PERSECUTION OF RUSH

The Logical View ^ | 12/26/03 | MARK A SITY

[RS]

"What do you mean this isn't Rush's story. You think he and his lawyer have two different stories???"

Rush has NEVER publically said he was being blackmailed ...
and never publically said he did NOT obtain drugs from the Clines...

Does this not seem even the least bit surprising to you ?

[colorado tanker]

Does this not seem even the least bit surprising to you?

No, not even in the least. First, Rush is taking his lawyer's very good advice not to talk about the facts of the case in public until the case is resolved. Only a fool would do that. Second, what Black says about the case in court is privileged from a slander suit; what Rush says on air is not. This lady sounds greedy enough to file a lawsuit with no basis just to squeeze more money out of Rush. Rush must avoid any litigation side show until this is over.

[RS]

"Black implied that and I would have thought the DA would have corrected him if she had only gotten use immunity."

The DA attempted a few times to keep Black on topic, but the Judge just let him go whereever he wanted to, all this "estabishes" is that Black said it.

[RS]

"Second, what Black says about the case in court is privileged from a slander suit; what Rush says on air is not."

EXACTLY ! Black can LIE - Rush CANNOT !

If Black KNOWS that there is immumity, which means the cops KNOW about the extortion and told him about the immunity from it, then it is not slander and he can use the cops to prove it.

The whole thing colapses ..... Why play these foolish little delaying games, when you could solve the problem, embarass the DA before the election, possibly get the Clines immunity removed, and get them jailed ?

If Rush ( lawyer ) is telling the truth, there is NO downside.

[colorado tanker]

You are completely clueless about defending a criminal suit. This is not a search for truth, it is an adversary system. If you ever become a lawyer, be sure to buy lots and lots of malpractice insurance.

[RS]

"You are completely clueless about defending a criminal suit. "

You seem to forget... Since the investigators have already gone through Rush's medical records, and they KNOW ( according to Rush) that there is no case - Rush has nothing to defend against. Even if they are allowed to read the Medical records again there is nothing there. Correct ? Rush is playing these delay games only to prove a point.

But the delay and the continuing smearing in the media is exactly what the VLWC wants, isn't it ? Keep everyone thinking - "Rush Limbaugh - Oh,he's still fighting those DRUG CHARGES isn't he ? "

So what is stoping them from persuing the slander against the Clines ?

He will only have to fight them later, if he is ever to clear his name, and if he gets them put away everything else falls apart.

[colorado tanker]

Only an idiot pursues civil litigation at the same time a criminal investigation is proceeding. Discovery is wide open in civil cases, but prosecution discovery is limited in criminal cases. The fifth amendment privilege can be impacted by civil litigation. Roy Black and Rush are not idiots.

I don't understand why conservatives who are convinced big government is bad and that government overregulation leads to overreaching and corruption think none of that applies in the justice system. Again, this is not a search for the truth, it is an adversary system and in this case Rush's adversary has political motives to single him out for special treatment in a system where he has tremendous power and discretion to do so. Roy Black knows what he's doing.

[RS]

"Discovery is wide open in civil cases, but prosecution discovery is limited in criminal cases."

So what you are saying then is that Rush should NEVER persue the civil case because they might turn up somthing that a criminal case ( which he is innocent of and the investigators have the proof of it ) could use again him.

Gee - I supose the Clines DO have complete immunity then - given to them by Rush.


How about giving me a hypothetical - just what could come out in discovery that could hurt Rush and that the cops don't already know ?

[colorado tanker]

You really ought to give up the jailhouse lawyer gig.

No, what this means is that Rush needs to resolve any possible criminal charges before considering any civil action. And the fact is the Supreme Court has made it so hard for any public figure to obtain damages for slander that it's probably not worth the effort.

[RS]

"No, what this means is that Rush needs to resolve any possible criminal charges before considering any civil action."

That's exactly what I said - There is allways a possiblility of criminal charges ( until the time runs out ) unless he removes the threats by proving the charges false.

What you are saying is that he cannot go after the charges against him becuase it may lead to more charges against him.

... and until he does, he will be known in the media as the doper who never refuted the charges against him ...

Again - what is a hypothetical for the downside ( assumming of course he is innocent )?


Even Clinton and OJ were able to come out and say they did not do it - Rush has NEVER done that.

Good Laywer advice - don't tell them you're innocent !

[RS]

"...any public figure to obtain damages for slander that it's probably not worth the effort."

Rush dosen't need money... he needs credability.