Limbaugh Law - Hypocrisy in the defense of liberalism is no vice.

National Review ^ | February 26, 2004 | Mark R. Levin

[wcdukenfield]

You have to hand it to the Palm Beach Post. It doesn't let either principle or consistency get in the way of its own zeal to punish a conservative for his views. And not just any conservative: Rush Limbaugh. Sadly, many conservatives are either unaware of what's occurring, or don't care enough to speak against it.

First, a little background information. The state attorney in Palm Beach County, Democrat Barry Krischer, has spent more than a year and hundreds thousands of dollars trying - without success - to find a criminal charge to bring against Rush. Rush has made no secret that he was addicted to prescription medication. And he has sought rehabilitation, which continues to this day. If Rush had been a Democrat state judge or Democrat state senator in Florida, he would have been applauded for his courage in confronting his problem, as two such officials were, and that would have been that.

But in his zeal to silence Rush, Krischer has pursued a scorched-earth strategy against Limbaugh. Krischer's office has leaked false stories to the news media charging Rush with money laundering, with being part of a drug ring, and now, with doctor-shopping. It also released confidential communications with Rush's lawyer, Roy Black. Although the papers show that Black rejected any suggestion that Rush plead to any offense, the release of the communications was an extraordinary breach of ethical conduct. And to make matters worse, Krischer and his staff actually created a false record claiming that after consulting with the Florida Bar and the attorney general's office, they were advised that they must release the confidential letters. (This prompted Landmark Legal Foundation to file an ethics complaint against Krischer and his top counsel with the Florida Bar.)

Enter the Palm Beach Post editorial page. It has been Krischer's biggest and most blatant cheerleader in his crusade against Rush. When Krischer's office circumvented the lawful subpoena process and seized Rush's personal medical records without warning, the Post (on Dec. 19) had nothing but praise for the prosecutor's outrageous actions. "Belittling the police and prosecutors...might play well inside the talk-show host's small broadcast booth and in the bunkers that a fair number of his paranoid anti-government adherents inhabit," the Post said. "Such descriptions, however, have no place in the real world of courts and serious issues such as drug abuse."

This perverse law-and-order mentality was nowhere to be found, however, when the same Post editorial board denounced the Patriot Act which empowers federal law enforcement to (among other things) obtain and review medical records of suspected terrorists and terrorist supporters. Such measures in the war on terror were "heavy-handed intrusions of privacy" that victimized "innocent Americans, particularly Muslims...." The Post (on April 15, 2002) described the Patriot Act as an "assault on the Constitution," and it attacked the Justice Department for trying "to avoid constitutional checks and balances."

In another editorial (Dec. 26, 2002), the Post attacked other provisions in the Patriot Act on the same premise. "Conservatives and liberals fear heavy-handed intrusions of privacy and worse abuses from the unprecedented surveillance powers now at the executive branch's discretion: home searches, medical-record inspections, electronic surveillance, secret detentions. There are well-founded concerns about the impact on innocent Americans, particularly Muslims...."

And railing against anti-espionage wiretapping, the editorial writers have said (Nov. 20, 2002): "The government might be able to catch more criminals if it can, in essence, disregard the Fourth Amendment prohibition on unreasonable searches. But along the way, the government also will spy on more innocent people."

Apparently, to the Palm Beach Post, Rush Limbaugh and his views are more dangerous than terrorists who seek to sneak into our country and unleash mass destruction. And, so, they cheer Krischer - who is up for reelection - and his tactics. It seems that at the Post's editorial page, hypocrisy in the defense of liberalism is no vice.

Mark R. Levin is president of the Landmark Legal Foundation.

[mountaineer]

Apparently, to the Palm Beach Post, Rush Limbaugh and his views are more dangerous than terrorists who seek to sneak into our country and unleash mass destruction.

The left simply can't be logically consistent. If they tried, their little heads would explode.

[suzyq5558]

It seems to me that Mr. Krischer has broke the law and should be investigated himself. the libs cheer these unethical goings ons now but what will thier reaction be when the tables are turned on them? this country is turning as lawless as the old west. its like a nightmare .

[EveningStar]

Here is a direct link to the article.

[tcuoohjohn]

Terrorism is a crime. Doctor shopping is a crime. The illegal purchase of 30,000 schedule C narcotics is a crime.

The existence of greater crimes does not render a lesser crime not a crime.

[Protagoras]

It takes a hypocrite to know a hypocrite.

[Scenic Sounds]

If this investigation is believed to be purely political, then a political response would be appropriate - Governor Bush could just pardon Rush for any drug offenses and put an end to the whole thing.

If this investigation is not purely political, then the investigation should go forward.

[Lucky Dog]

Terrorism is a crime.

Agreed, but has this statement to do with illegal seizure of private medical records?

Doctor shopping is a crime.

Agreed, but why were records seized illegally? To get a subpoena, the Constitution mandates certain conditions:

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The illegal purchase of 30,000 schedule C narcotics is a crime.

Given that this act is, indeed, a crime and all of the time and money the prosecutor has expended to date, why have there been no charges against Limbaugh? The logical answer would be that it appears that the prosecutor is incompetent or that there are no real grounds for any charges.

If the prosecutor is incompetent, then he should be summarily dismissed by the press and his constituency. If there are no grounds for the charges, the prosecutor should be summarially dismissed by the press and his constituency and prosecuted, himself, for abuse of office.

[lewislynn]

...Doctor shopping is a crime. The illegal purchase of 30,000 schedule C narcotics is a crime.

Then there's no evidence Rush is guilty of any of your charges...otherwise he'd be charged, lord knows they've tried...

[basil]

When did you find time to count all those pills?

[norwaypinesavage]

"Terrorism is a crime. Doctor shopping is a crime. The illegal purchase of 30,000 schedule C narcotics is a crime."

Good point. And, I'm sure that Rush would have been charged by now if he had committed any of these crimes. He's obvious, then, that he's innocent.

[1rudeboy]

I really like Mr. Levin. What a guy.

[cwb]

"Doctor shopping is a crime. The illegal purchase of 30,000 schedule C narcotics is a crime."

Maybe I missed it...but when was Rush charged with these "crimes?"

[Born Conservative]

[LiteKeeper]

read later

[wayoverontheright]

In the end, by allowing legal consequences to be avoided by liberals when they err, and hypocritically insuring that conservatives cannot avoid them, they are creating behavior on the part of liberals which nonetheless has sometimes even worse, though non-legal, consequences.

Note the number of Hollywood stars who simply cannot lick their addictions, why? They are protected from consequences. The liberal cocoon creates destructive behavior, and in the end, is its own punishment.

[FormerLib]

The left simply can't be logically consistent. If they tried, their little heads would explode.

Or it forces them to become conservative. It's happened to many good folks that I know!

[holdonnow]

Maybe the government should seize your medical records, publish the drugs you've been prescribed -- and the various ailments you've had -- and all under the general claim of doctor-shopping. You're not supposed to seize someone's records in search of a crime. Have you ever heard of probable cause?

[yarddog]

My only criticism of Rush is this. Why in the world did he choose to live in the most leftist county in Florida?

Is it possible that he likes being near these people rather than the rednecks in the panhandle?

[FormerACLUmember]

Mark Levin is a true ethical attorney, a shining light in the otherwise benighted lawyer industry. Plus he is amazingly funny, with a brilliant razor sharp wit, as he skewers the logical and moral flaws of hypocrites and other liberal vermin. He has a fabulous evening drive time radio show here in the New York area.

I also have great respect for two other voice in the wilderness honest attorneys: Ann Coulter and Rush's brother David.