Limbaugh's pill use not extraordinary, lawyer says

Miami Herald ^ | Jan. 26, 2004 | DANIEL de VISE

[RS]

"BTW- does this mean you do not have an intelligent reply to my post, or are you training to be a member of holdonnow's playhouse ?"

I see that you've unilaterally elevated the status of your post to "intelligent". :-)"

I see I've got my answer - Play nice til your mommies come for you ...

[RS]

"Thus, the 18th amendment was a full recognition that prohibiting the consumption of alcohol by our federal government with just the enactment of law, would have been unconstitutional. That the people had the "retained" right to consume the chemical of their choice."

Interesting point, I don't see how it fits with all the various laws that now restrict our consuming or our persuit of happiness, but you have given me pause to rehash a few things. I may touch base with you later on this -

[TigersEye]

Here's the beginning of the FAQ:

The following questions and answers are intended to be used as a reference only -- interested parties should refer to the Florida Statutes and applicable case law before drawing legal conclusions.

Q. What is the Sunshine Law?
A. Florida's Government-in-the-Sunshine law provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action. There is also a constitutionally guaranteed right of access. Virtually all state and local collegial public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which has its own constitutional provision relating to access.

Another strawman knocked on its face.

Q. When does a document sent to a public agency become a public document?
A. As soon as a document is received by a public agency, it becomes a public record, unless there is a legislatively created exemption which makes it confidential and not subject to disclosure.

MOST FREQUENTLY ASKED QUESTIONS ON FLORIDA'S OPEN GOVERNMENT LAWS

[ClintonBeGone]

Those two things are as different as hell and heaven -- it's a mark to your own sanity that you put them in the same box.

Well, it was your quote I was responding to. Perhaps in your best libertine vernacular, you can explain to the audience when, in your mind, heavenly pursuits end and hellish ones begin?

[RS]

OK - what's your point ?

Did you look through the law itself and find an exception for the (non?)plea bargaining ?

The SAO is not part of the judiciary or the state legislature.

[TigersEye]

The SAO is not part of the judiciary or the state legislature.

Nor is it a state or local collegial body is it?

[tertiary01]

Rush just mentioned FR again.

[RS]

Here's the Landmark Legal letter to the SAO requesting the records - He lists most of the sections that apply -

http://www.landmarklegal.org/latest_developments.cfm?webpage_id=564

[TigersEye]

The Statute Search Engine at the FL AG's website is currently experiencing problems so I can't research statutes. Must be too many people trying to access it.

[bvw]

The word "Liberty" is unknown to you. That's hell.

[Edit35]

"Now that wasn't too difficult, was it? It's called learning to read a statute. Oh, and the source is still Florida Statute 893.13(7)(a)(8).

I concede that this is the law in Florida, and that there probably is a similar law in Pennsylvania.

Given that, do you really think that if I called my county prosecutor and told him I think my neighbor is abusing prescription drugs, that the Prosecutor would immediately launch into a criminaL investigation and subpeona all that neighbor's doctor records??? (That is essentially what happened to Limbaugh)

I'll even go you one further. Do you think that if I (illegally) tape recorded my neighbor talking to me about drugs, and then gave that to the Prosecutor, that he wouldn't then CHARGE ME, or at least laugh me out of his/her office.

There are reasons for our consitutional rights in the USA, and that is to prevent politically motivated investigations like the one against Limbaugh.

[an amused spectator]

The Statute Search Engine at the FL AG's website is currently experiencing problems so I can't research statutes. Must be too many people trying to access it.

Well, we don't have to worry about "Lumbergh" Krischner being one of those trying to access the Florida statutes. He's a Democrat - he just makes them up as he goes along. ;-)

[an amused spectator]

I'll even go you one further. Do you think that if I (illegally) tape recorded my neighbor talking to me about drugs, and then gave that to the Prosecutor, that he wouldn't then CHARGE ME, or at least laugh me out of his/her office.

Don't confuse the plant with the facts. ;-)

[Edit35]

Is that the new defense?

Excuse me, ClintonBe, have you ever in your life driven a vehicle after having a drink or two?

Or have you ever had a garage sale, and then didn't declare the earned income to the IRS??

Then you too are a lawbreaker, possibly a felon, and I would appreciate if you marched right down to the local police headquarters and turn yourself in, along with all the evidence needed to prosecute yourself, don't forget.

Really, your stance against Limbaugh, if not so pathetic, is almost scary. I suppose you also advocate that prosecutors all across America begin confiscating all the medical records of all who admit to having either an alcohol or pill addiction problem.

[ClintonBeGone]

Given that, do you really think that if I called my county prosecutor and told him I think my neighbor is abusing prescription drugs, that the Prosecutor would immediately launch into a criminaL investigation and subpeona all that neighbor's doctor records??? (That is essentially what happened to Limbaugh)

Of course he wouldn't. And here we're on the same page. You have to respect what's called prosecutorial discretion. The prosecutor doesn't HAVE to prosecute every crime. But if he decides to, and you've give him enough evidence to convict you, it's not a defense that everyone else does it and you shouldn't be singled out. Rush's groupies fail to appreciate that and have instead poked a finger in the prosecutor's eye. Until he decides not to charge Rush, I think that's an absolutely foolish thing to do.

[ClintonBeGone]

Still waiting. Can explain to the audience when, in your mind, heavenly pursuits end and hellish ones begin?

[ClintonBeGone]

Then you too are a lawbreaker, possibly a felon

So, you believe that Rush committed a crime?

[Tumbleweed_Connection]

Malpractice... is forcing MD's not only out of specific states, but into retirement or new business. There are good reasons why medical groups are reacting (confidentiality, industry growth, quality...). Some even here hold animosities towards Rush, but this is not revenge.

[longtermmemmory]

It is like being a littel pregnant. You either have a deal or not. No deal=no plea. Happens every day.

As for Black negotiating to resolve the situation, duh. We said that drug court is the proper location of any possible case from day one. If anything Black's letter says treat Rush "same as" and the SA letter demonstrates the opposite.

[an amused spectator]

Excuse me, ClintonBe, have you ever in your life driven a vehicle after having a drink or two?...

...Then you too [ClintonBeGone] are a lawbreaker, possibly a felon, and I would appreciate if you marched right down to the local police headquarters and turn yourself in, along with all the evidence needed to prosecute yourself, don't forget.

You'll notice that our prolific writer of fiction, CBG, didn't answer the question. :-)