Jeb has a case right now - he has submitted affidavits and can investigate. If he wants to turn it over to Bernie McCabe, he can do that too. :0
As for an investigation not being a criminal case, tell Rush he doesn't need that attorney, OK?
His big problem is that he is trying, under the Constitutional case, to revisit evidence and testimony already submitted and decisions have been published on. He can't do that. He was never a party to that action, not even as an amicus. He can't now rehear a case that has already been decided.
Besides, the witnesses and evidence presented in the prior Court bear no relevence to whether or not Terii's law is Constitutional. The Constitutional question is very narrow and does not depend upon the testimony and evidence already presented and considered. What the Courts have done is not in question. It's what the legislature has done that is before the Court.
If you are referring to the jurisdiction question that has been submitted- witness testimony is not germain to the issue.
As I said before, the Criminal case follows the investigation. Of course Rush should have employed counsel. A search warrant for his medical records could be a violation of his privacy rights as guaranteed by the Florida Constitution.