Proof That Limbaugh Prosecutor Lied about Having Permission to Release Confidential Plea Agreements

Rush Limbaugh Website ^

[uvular]

Off-topic, but hope someone can help me.

Rush mentioned an article from intellectualconservative.com on Tuesday's show. It was a story by Brian Wise about John F'n Kerry's war record and alluded to an incident that happened to Kerry that sounded alot like an incident that Bob Kerrey had admitted to.

Rush had stated on the show that he was going to fact check the article (also stated this on his website last night). Did not hear all of his show today; did he mention it?

Also checked itellectualconservative.com yesterday and today and could not find the article in question....

[AuntB]

I would love to see Rush sue a couple of his doctors, especially the first one that prescribed this junk. I'll wager none of them told him this stuff is addictive. I was lucky, they prescribed Hydrocodone for me too, but it screwed me up so fast that I couldn't get addicted. Instead the doctors say I "refused" treatment...treatment???? Therefore any disability is denied. Rush would have found that out too, if he hadn't taken the stuff to keep working and functioning. What a mess. Damned if you do, damned if you don't.

[swampfox98]

I wish you could have sued your doctors, too. As I remember several years ago you were not able to get benefits because of your doctor's lies against you.

People who are in constant pain are very underserved by the medical profession, as a rule. I happen to be allergic to almost every treatment the docs want to try on me. They just shake their heads and say, poor you.

[RS]

""I am disappointed in you personally and professionaly"
the Attorney General's Office clearly admonishes the States Attorney's Office for lying about what they advised.

There's nothing ambiguous about it."

Except that she did not use the words lying, unethical, or even misleading.

Nothing ambiguous when you put words in that are not there....

[Ole Okie]

Also checked itellectualconservative.com yesterday and today and could not find the article in question....

I went to intellectualconservative.com yesterday at the time Rush was reading Wise's article. It was on that website, but I was almost certain that Wise had mixed up John F'n Kerry and Bob Kerrey, a rather startling mix-up.

Guess they've since pulled the article.

[RiflemanSharpe]

This is a witch hunt to hurt a true conservative.

[RS]

"Since it isn't contained in these materials, do you have a link that shows when and how the defense attorney was notified of the media request?"

You can dig out the report, but Black mentioned Landmarks request for the records after they filed it, so he KNEW there was at least one blanket request for everything back to Jan 2000.

Funny that Black himself as far as we know has not issued any request for this info, and he has not filed any complaint regarding the leaks of months ago, and he has not filed any bar complaint. Wonder why that is ?

[uvular]

Thanks for the reply, Okie. I agree it sounded like Wise made a huge mistake. Certainly not on the Kerry bandwagon, but would have thought Mr. Wise would have printed an apology, notice of retraction, etc.

I e-mailed Rush today about it; if I hear from him, will let you all know.

[Waco]

Interesting that a man would throw away his lic. as an attorney, and his career just to pick on a radio personality, at the behest of a bunch of slimey poiticians. Hee is man who would not blink at committing treason, IMO.

[greasepaint]

Was there an arrangement made for confidentiality, beforehand?
If not, I would charaterize Roy Black's letter as an
unsolicited offer. Is there a defendent in this situation?
Why is an unsolicited offer... confidential?

[RS]

found it for you -

""Although we have nothing to do with the Landmark request, we obviously are in agreement with many of the points they raise and are anxious to see what information they receive," Black said in a statement Thursday."

http://www.landmarklegal.org/latest_developments.cfm?webpage_id=566

[CyberAnt]

In case any of you have not heard, Landmark Legal has filed an ethics charges against the SAO.

[NonValueAdded]

Thanks for the leads. The FRCP is actually here and 3.172(h) is on page 53.

On the letter, Roy Black plainly states in bold type that "this letter is being sent as part of settlement discussions and thereby confidential pursuant to FRCP 3.172(h) and F.S. 90.408" (see http://www.thesmokinggun.com/graphics/art3/rushletters1.gif)

By following the links above and those provided by Cubs Fan, you will see that both references describe the inadmissibility of plea negotiations as an admission of guilt. For example, Florida Statutes 90.408:

90.408 Compromise and offers to compromise.—Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.

and Florida Rules of Criminal Procedure (2004) FRCP 3.172(h)

(h) Evidence. Except as otherwise provided in this rule, evidence of an offer or a plea of guilty or nolo contendere, later withdrawn, or of statements made in connection therewith, is not admissible in any civil or criminal proceeding against the person who made the plea or offer.

So I take it [I am not a lawyer, I didn't even sleep at a Holiday Inn last night] Atty. Black's position is that since the evidence is inadmissible, it is therefore confidential. I suppose there is case law to back that up. However, even if that isn't true, the fact that the State Attorney's Office (SAO) didn't bring that up in discussions with the Bar Ass'n. and the AG's Office seems like a major omission.

So what is the SAO's position on this, "We're not mean, we're just stupid" maybe?

[RS]

The 2 statutes refer to it not being admissable as evidence, ( Cuba man's links ) and the marking of it as "confidential " means nothing to the Florida Sunshine law

http://myfloridalegal.com/sunshine

In fact in the FAQ it specifically says it dosen't mean anything.

[CyberAnt]

Hillary's connection = lead prosecutor in Florida is licensed to practice law IN NEW YORK. Also .. lawyer for Clines (maid) is the son of a CLINTON APPOINTEE.

[CyberAnt]

I think you're right. Lawyer for Clines (maid) is the son of a CLINTON APPOINTEE. The lead prosecutor in Palm Beach is also a member of the NEW YORK STATE BAR.

Is that close enough for ya ..??

[CyberAnt]

Try Rush's website!

[swampfox98]

The rotten apple doesn't fall far from the rotten tree, do it?

[CyberAnt]

It might be considered "confidential" to the agency who is in the midst of an investigation. But .. those laws might be different in each state or county.

[PAR35]

found it for you -

No, you didn't.

Landmark was looking for correspondence between the media and the State's attorneys office, not not correspondence in furtherence of settlement between the attorneys involved. Two completely different animals.

A conservative nonprofit law firm filed a request Thursday with Palm Beach County State Attorney Barry Krischer seeking any records of his staff's communications with the media relating to his office's investigation into Rush Limbaugh's prescription drug use.