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.

[holdonnow]

Oops .. that's better -- I asked you if your first name is Jack. Is that such a difficult question for you to answer? If not, then I'm relieved -- for your sake. If it is, then have the self-respect to out yourself.

[SierraWasp]

Good for you!!! Good Reply/Retort!!!

[lewislynn]

The evidence is in the files...that is the fundamental point of the appeal. ...Oh well, everyone has laws to obey.

Are you privy to this information ?...I didn't think so.

Are you speculating with wishful thinking?...I thought so.

[harpo11]

"You're wrong.If Jeb pardoned Rush at any point,
the screeching about favoritism, political
fixes and the whole litany of sins would
be broadcast far and wide."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Truly, this is the saddest truth ever written. When good men stand silent evil will prevail...and because the Gov. is a republican, and a bro to our good President, and as you state so beautifully, if Jeb were to step in and put a stop to this abasement of justice, the sneering braying coming from the thin lips of the left would never end.

It is truly ugly that good men fear doing what is right for political expediency, and allow evil to succeed.

So it is up to us, lesser but valiently stronger men and women to gather as a loud single voice constantly channeled directly into Barry's office, "Stop this Madness!".

However, if Barry continues on his mad path into dereliction of duty, then his only success will be to make Rush into a Conservative Martyr and I do not think the left is prepared for that at all.

[Pharmboy]

He was here for a few years starting in 98 or so...just thought that he would have shared your viewpoint and was curious as to whether you were one and same. Thanks for the answer.

While noting the differences between the two names, I thought there were enough similarities to ask.

[holdonnow]

That's what I thought ... you are Jack T. Well, I have to go now. I'm on to you.

[safeasthebanks]

AGAIN - "search warrant" or "subpoena", WHICH WAS IT!??!?!

As I understand it, there is a big difference between the two and how they are executed.

And yes, also as I understand it, in your hypothetical Gotti would have a chance to respond to a subpoena for his bank records, but not to a search warrant of his mob hide-out. GET IT NOW?!?!?!

[tcuoohjohn]

who the hell is Jack T. Well?

Let me guess..you take alot of pills?

[SierraWasp]

Hit 'em again... harder... HARDER!!!

(never thought I'd be your cheerleader on anything, but you're right on the money on this!)

[SierraWasp]

"who the hell is Jack T. Well?"

Hey look!!! He managed to make a rhyme!!! (grin)

[Edit35]

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

By using the term "illegal" before you know the facts, aren't you (and the prosecutor) putting the cart before the horse.

After all, the prosecutor in this case didn't even interview or depose Limbaugh's doctors to see the logic behind why they prescribed these medications in the first place. Maybe they had their medical reasons.

At the very least, this prosecutor, having no such medical license, should not be barging into a doctors office to seize medical records without stating the precise MEDICAL reason as to why Limbaugh should NOT have been given these medications.

On the other hand, maybe you and this out of control prosecutor think Limbaugh should have simply rejected the doctor's mediction advise??

No, my friends. This whole prosecution is so far beyond the pale of normal jurisprudence that is is laughable.

Yet there are people out there who are bound and determined to prove that Limbaugh is nothing but a common criminal and therefor should be prosecuted to the fullest extent of the law.

Hey wait a minute. I got an idea. If Kirchner is so bound and determined to stamp out this type of "crime," why doesn't he just raid all pharmacies in Palm Beach County and cross check ALL records of all patients. After all, I'm sure he could find some cases where people have received the same medications from more than one doctor.

Just think of all the time and money it would save the prosecutors office>

[Edit35]

Medical records are not sacred and to the degree that bear upon the commission of a crime they are like any other evidence.

It so happens that Prosecutor Kirchner got that search warrant based on his probe into some other corrupt drug dealer, who was apparently selling pills through Limbaugh's housoekeeper.

In other words, it's as if a cop went out and got a search warrant to check YOUR house based on something your neighbor did, but then while the cop is inside YOUR house, he decides to snoot around to see if he can find anything else that looks to be illegal.

And we haven't even taken into account that this hypothetical cop (being a Democrat) just happens to hold a grudge against you (being a Republican) and therefor would further his career if he was to make a bust.

[tcuoohjohn]

Investigations often lead to multiple suspects and multiple crimes and even unrelated crime.Apparently the nexus between the PBCSO drug investigation and Rush Limbaugh was sufficient in the eyes of the Judge to issue the warrants.

Rush, pursuant to his rights as a citizen, has filed to keep his medical records sealed. The issue at hand is do Rush limbaugh's putative privacy rights exceed the criminal probative value of the medical record? They remain sealed until such time as the issue is decided by an appellate court.

[Lucky Dog]

Hope you liked the dose of reality...

As will Rogers once said, “All I know is what I read in the papers.” However, according to the accounts I have read, the prosecutor seized the medical records in this case before he even had a valid search warrant. Additionally, the Florida state constitution provides even stronger protections against search and seizure than that which I quoted to you from Article IV of the US Constitution. If these newspaper accounts are true (and they have not been officially denied), then there has been some serious abuse of government power.

As few points of “reality,” consider the following:

1. If the accused had been “doctor shopping,” the prosecutor would not have any problems acquiring a valid search warrant by merely questioning pharmacy clerks. These clerks, unlike doctors, have no legal restrictions on reporting to whom, what drugs and how much of, said drugs were sold. The initial absence of this step casts serious doubts on the strength of the prosecutor’s case.

2. With a valid search warrant, unencumbered by both, or either, state and federal constitutional strictures, the records would not, now, be subject to further litigation. A magistrate, unchallenged by any higher judicial authority would simply have ruled to open the records. Given that such a ruling has not issued unchallenged, there appears to be possible merit to the charge of prosecutorial abuse of power.

3. In the last five years, in this Florida county, there has been only one charge of “doctor shopping.” That case never reached trial due to the untimely death of the accused. Consequently, the circumstances surrounding the prosecutor’s actions in the case strongly point to a political motivation rather than a legal one for pursuing the case.

When there are circumstances where individuals arbitrarily, for political purposes or other gain, decide what laws to enforce and against whom to enforce these laws, there is a serious breach of the “rule of law” upon which our country is founded. Regardless of Mr. Limbaugh’s guilt or innocence in the “reality” of this particular case, the “rule of law” must be upheld.

Please note that the Fourth Amendment specifies a “right to be free.” With that thought in mind consider the following quotes:

Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. William Pitt , 1783

Public office is the last refuge of a scoundrel. Boies Penrose , 1931

What luck for the rulers that men do not think. Adolf Hitler

[tcuoohjohn]

The issue is Doctor shopping not the state of current medical practice.

A prosecutor's job is not to evaluate medical efficacy. His job is to investigate and prosecute crimes. Mr. Krischer didn't write the Florida doctor shopping law, the Florida Legislature did. It was in response to a very serious problem in Florida. The death toll for oxycontin abuse now exceeds 1,200 people

<By: John Kennedy
Tallahassee Bureau Chief
Orlando Sentinel
December 13, 2003

Reeling under a staggering number of deaths caused by prescription-drug abuse, Florida officials said Friday that they are forming a multiagency task force to spearhead attempts to combat the rising problem.

"It's phenomenal," said Jim McDonough, director of Gov. Jeb Bush's Office of Drug Control. "I can't imagine any other area, accident, disease or even the murder rate where we're seeing these kinds of numbers."

Attorney General Charlie Crist and a half-dozen high-ranking members of Bush's administration met Friday to outline plans for the task force. They said the panel will recommend ways to tackle Medicaid fraud, to shut down a black market of prescription drugs, to end addicts' "doctor shopping" for powerful painkillers and to clamp down on Internet sales of pharmaceuticals.

The task force was inspired in part by investigative reports in two newspapers, officials said.

The Orlando Sentinel reported in October that deaths in Florida from oxycodone, the key ingredient in OxyContin, are topping those from heroin. Florida medical examiners reported 573 deaths caused by oxycodone in 2001 and 2002.

[expatpat]

It just goes to show what happens if you are a prominent conservative living in a 'rat county. Limbaugh should have resided with the good people.

[hchutch]

You're dead on target with this one.

And yopu can bet that if Kirschner doesn't get him, perhaps Gavin Newsom will try to claim Rush is "indecent" due to "hate speech". They will try anything.

You've got Freepmail.

[gatorbait]

First, thank you for your compliment.Secondly, thank you for the beautifully stated truisms. You're correct,it is out of Jeb's hands ,sadly.Rather we have to make this issue ourselves.The State's Attorney is befouling the rule of Law for McAuliffe and his masters.It's obvious.

[journey7873]

I've grown tiresome of Rush. His ego gets in the way of his talent.

[goldstategop]

Liberals scruple at nothing to remove Rush from the scene.