Although I'm not sure of the details behind what Martha Stewart did, I do seem to recall that she deleted files and doctored records after-the-fact to make it appear that she had intended to sell her Imclone shares.
If so, she was greedily trying to defraud fellow investors by using a tip that, as a former stockbroker herself, she certainly knew was illegal.
I view her "crime" as committed against other investors (the market) while I view Limbaugh as simply having a relationship with his doctors regarding his own treatment, something that should (and usually is) by law confidential.
Good summary of the issues. My brief is with the prosecutors in both cases, however. I'm on the warpath against political and revenue-enhancement "crimes". I'm pretty sure that the Founding Fathers didn't intend for the legal dogs of war to have an unlimited budget (bilked from the taxpayers) to go after every target of opportunity, for cash, prizes & fame.
As a matter of fact, I seem to recall that the colonials were known for keeping their judicial types on a real short cash leash.
"Lumbergh" Krischner should be audited, and his priority list should be compared with a local crime list (are you listening out in EIB land?).
...I view Limbaugh as simply having a relationship with his doctors regarding his own treatment, something that should (and usually is) by law confidential.
As the Democrats showed during the impeachment wars, it's "Politics, Politics - über alles", and we're seeing it clearly here in the Limbaugh matter.