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Tuesday, 12-23-03 Between 5-6:00 PM EDT Sean Hannity Radio Show

Transcribed by me from my own personal audio tape.

Host, Curtis Slewa {sp?), sitting in for Hannity.

Guest: Mark Levin of the Landmark Legal Foundation.

Curtis: "..Now, Mark, on the matter of Rush Limbaugh, we heard him on his nationally syndicated show respond to what his attorney Roy Black had said about the Palm Beach District Attorney's office and their on-going investigation. It's very confusing to me, and I think most folks listening from afar, because of the nature of us not really knowing what's going on. Can you try to bisect it and dissect it for us?"

Mark: "OK. This hasn't been discussed in any detail by all these meatheads on TV, and it's very upsetting to me. I secured a copy of the transcript of the hearing and I want to walk you through this briefly. But there are very, very important points that haven't been made public, that are in the public record! OK?

Number one: The Florida Constitution creates a fundamental right to privacy, in article one, section three.

Unlike the US Constitution, in which every Liberal tries to find a right to privacy, Florida actually creates one in black and white, OK? It has a statute that creates a doctor-patient priviledge, OK? This becomes a fundamental right under article one, section three, twenty three of the Florida Constitution.

Number three: There's a three-part test that has to be met before you can get a search warrant. The test, in my opinion, was not met. The difference between a search warrant and a subpoena is this; a search warrrant, you're concerned -- prosecutors are, law enforcement is -- that the evidence might disappear, so you might want to get a breathalizer test right away. You might want to look for something right away. But doctor's records??

As opposed to a subpoena, where the party being subpoena'd, or the party being targeted has a right to intervene, seek court, ah, seek a hearing, before they can actually seize the documents. At no other time, in the history of Palm Beach County, has a search warrant been issued in this manner against somebody who was addicted to pain killers -- against somebody who went into rehab.

So, what is it that they're investigating? Let me put it to you this way, Curtis, first we read the leak about money laundering, right?"

Curtis: "Yes"

Mark: "Then they asked the New York authorities, 'Are you investigating money laundering?' 'No'.

Curtis, interrupting: "Right -- Attorney General, Elliot Spitzer, who's a pit bull on almost every issue, said, 'No, we're not looking into this at all'"

Mark: "And no fan of Rush Limbaugh's, I'm sure."

Curtis: "No, not at all. Nor of Sean Hannity, I might add."

Mark: "Then we heard about a drug ring. What happened to the drug ring this DA was investigating? Then we heard about this maid who was all over the National Enquirer. Does anyone know where this maid is? 'Cause I haven't read any reporter who's interviewed her., or her drug-pushing husband. Where is he?"

Cyrtis: "Alright now, on that matter -- ah, there were media reports today in which Roy Black was talking about the blackmail -- the actual blackmail. Ah, what penalties exist for that in the State of Florida, that the maid and her husband might be subject to?"

Mark: "There are extortion penalties in every State. Those are very, very serious crimes. I don't know why this DA is standing on its heels or sitting on its tukkas (sp?). Now, hold on, I just want to make a point."

Curtis: "Sure."

Mark: "Let's talk about these four doctors. This is critical. Roy Black layed this out the other day, and not a single media outlet picked it up, Curtis. They accused Rush of 'doctor shopping'. That's the big crime they're looking for, OK? Now listen to this. Two of the doctors are Dr. Drourr and Dr. Deziel. Alright?"

Curtis: "Yes."

Mark: "They say Rush would go to Dr. Drourr and then would go to Dr. Deziel, or Deziel, and then go to Drourr, and somehow shop doctors in order to get prescriptions, OK?

Curtis: "Ah huh."

Mark: "What their affidavit to their search warrant did not say, is that these doctors both worked at the same surgery center -- the Jupiter Outpatient Surgery Center -- and not only that, as Black pointed out, Drourr was only filling in for Deziel when he was available to issue the prescriptions to Rush. There is no doctor shopping between these two judges -- I mean doctors.

Want to hear the third doctor? He's Dr. De La Cruz, of Los Angeles. He works at the House Ear Clinic. Rush went there, because six months prior to losing his hearing, he sought treatment. And then he was treated by another physician, who was there for his hearing loss - ah - that's it! That's the doctor shopping they got!

Now, no judge hearing this before this search warrant went through, would have accepted the argument that there, on its face, that there was a potential violation of this so-called "doctor shopping" statute."

Curtis: "All right. Well you've answered most of the questions that I know I and others had as there continues to be comments from Black who is representing Rush Limbaugh. I appreciate your insights Mark Levin."

A Pharmacist named "Herb" then calls in, and Curtis questions him about what he is required to do (in the way of reporting it to the authorities) if he suspects someone may be "doctor shopping" in order to obtain more and more prescription drugs.

Mark Levin then called back in to the show.

Curtis: "Alright, well Herb, on the line, we actually have counsel. Ah, Mark Levin -- we had just heard from him -- wanted to just engage you on something you said. Are you there Mark?"

Mark: "Yes. Yeah, here's the problem, Herb."

Herb: "Ah huh."

Mark: "They're investigating 'doctor shopping', OK? You're saying, 'well the real legal problem is, they are investigating 'doctor shopping'. Now why do you think they're doing that?

Herb: "They are investigating it, or they aren't?"

Mark: "Yes. They ARE."

Herb: "Well, because basically, to me as a pharmacist, I would say this person who was doing the doctor shopping, has a big problem."

Mark: "No, no, that's not why. Because the entire other part of their so-called case, doesn't exist any more.

The maid sold her story. The maid was an alleged extortionist. The maid's husband was a convicted drug pusher. Where is this drug ring? Where is the money laundering? Those are all apparently, dead ends.

So now, they are doing what we call, 'paper shopping' by looking at these doctor's records. And if you heard what I said earlier on this program, you would have heard the backgrounds of these four doctors, and how on its face, it's absurd."

Herb: "Well, you know, anywhere in the United States, unfortunately, you can always find physicians -- there is always those few rotten apples in the barrel ..."

Mark (interrupting): "But Herb, you've switched positions. You called Curtis and you said, that's not the issue, who wrote prescriptions' - but where did he buy the drugs?"

Herb: "Right."

Mark: "I just explained to you why that door's locked. And now you're coming back around the corner and you're trying to argue, there's a few doctors out there who will always write prescriptions -- that's NOT "doctor shopping".

Herb: "Well, let me just say, I'm not a lawyer. I don't know all the intricacies of what you're saying as far as physcians, but my position is, that, and I listen to Rush quite often .."

Mark (interrupting): "I'll tell you what was said in court... I'll tell you what was said in court ...."

Herb (interrupting): "No, no, my position is, that it was very poor judgement on Rush's part to go ahead with this thing. I don't care if... "

Mark (interrupting): "I think everybody knows that. Rush got a addicted to pain killers. Now, we're beyond the lecturing. He went to rehab. This prosecutor apparently has never gone after a first-time addict after he's gone to rehab. You don't have to be a lawyer to figure this out. You don't have to be a pharmacist to figure this out."

Curtis: "All aright Mark, I'm going to have to let you and Herb go now .."

Mark: "Alright. My honor."