Florida prosecutor gives Limbaugh the bum's rush

Manchester Union Leader ^ | May 29, 2004 | Sam Dealy

[longtermmemmory]

So all of these " he is not being treated the same " people can just wait until ( or if ) he is charged.

Now you are just being silly. He is absolutly being treated differently.
ZERO other end user cases have gotten this level of resources, attention, or personel devoted.
NO other case has had THE state attorney call the FL Bar Ethics hotline and then LIE about
what was said from that eithics opinion.
No ther state attorney has been PUBLICLY rebuked by the Attorney Generals office for
explicitly misrepresenting communications regarding state law.

No other state attorney has jeopardized negotiations considered confidential communications.
Never before has some sleazy backroom immunity deal been agreed to facilitate the public
sale of a PR story of a defendant to gain advantage in a DESIRED investigation.
(t helps to have a clinton lawyer helping your negotiations.)

Last no other user case has EVER dragged on this long.
In the governor's daughter has her unceremonious disgrace done in the time of this so-called investion.

Legally, there is NO WAY IN HELL this case has been treated the "same as" any other user case. If there was a case, the same as result would have been a drug court participation OVER A YEAR AGO.

[RS]

I was going to question each of your claims, but there is simply no proof of any of them.

Like all of the claims about the crimes of Rush, everything you claim is simply unproven - in fact if you slow down and read them, many are simply unproveable.

You can spout unproven statements all day long if it makes you feel better, but it does not prove your point...

[longtermmemmory]

And the 4th DCA shot down those efforts to bypass FL Constinutional provision of privacy and the Medical Privacy law.

The records and situations you speak do not go to a patients privacy but to a situation where there will be immediate destruction of records. Such situations would be where the pharmacist has discovered the investigation and has commence shreading documents. Illegal abortion clinics.

There is no reasonable situation such as this which would allow a politically motivated bypass proper procedure and deny proper hearings. Please don't call that joke opportunity a hearing just after the fact. There was no notice, no opportuntiy to hear EXACTLY what in the medical records they wanted to have. The only trancriped result was clearance for a fishing expedition. Exactly what the medical privacy laws sought to protect.

[RS]

" The records and situations you speak do not go to a patients privacy ..."

Did I speak of any ?

Show me a law that applies during an investigation ....

[longtermmemmory]

I invite you to attend drug court. There is one judge assigned in any of the three sought florida counties nearby. The Broward and Dades are very good.

I have guided clients throught the drug court system and know its requirements. I also know the policies in place to avoid accusations of selective enforcement. This is why the SA, as we have REPEATEDLY stated, is stuggling with enourmous effort to find a charge, any charge which disqualified assignment to drug court. Drug smuggling or Money laundering.

[Ken H]

Florida law specifically says that medical records are to be obtained by subpoena and this was not done.

As you well know, not true, Florida law gives situations where records can be obtained under search warrent or with no subpeona or warrant at all.

Do you have a link to the thread where Florida Statute 325 was posted.

It says a subpoena shall be obtained for medical records.

There may be situations where a warrant or no warrant/subpoena is required, but for possible criminal actions, it says subpoena.

[longtermmemmory]

a law during the investigation?: all laws derivative of the 4th amendment.

[RS]

"I invite you to attend drug court. There is one judge assigned in any of the three sought florida counties nearby. The Broward and Dades are very good. "

Thanks, and I would be happy to attend, but I'm on the Left Coast and don't get there often. ( rather be down in Mallory square for sunset when I do )

Perhaps you can provide instances where any investigations have been dropped and the perps have been allowed to enter diversion ?

[RS]

Funny...
"and no warrants shall issue, but upon probable cause, supported by oath or affirmation"

Probable cause, warranted, affirmed
http://www.thesmokinggun.com/archive/rushsearch1.html

So ? ... but you know this... why do you pretend you don't ?

[RS]

Hi Ken H - here you go ( think you wanted 395, but if you want 325 you can get to it from here)

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0395/SEC3025.HTM&Title=->2003->Ch0395->Section%203025

Added it to my profile links page

[Bellflower]

They did us conserves a favor. They got Rush off the drugs in time for the election build up. He's been much, much sharper.

[Ken H]

Here's the relevant portion of 395--

(4) Patient records are confidential and must not be disclosed without the consent of the person to whom they pertain, but appropriate disclosure may be made without such consent to:

(a) Licensed facility personnel and attending physicians for use in connection with the treatment of the patient.

(b) Licensed facility personnel only for administrative purposes or risk management and quality assurance functions.

(c) The agency, for purposes of health care cost containment.

(d) In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative.

[RS]

Yep-

(d) In any civil or criminal action,

an investigation is neither... it is not an "action"

[Ken H]

It sure is taking the appeals court a long time to rule on this. If it were as much a slam dunk as you say, then I'd have expected them to say so by now.

I'd like an attorney to weigh in on the question of whether a criminal action includes a criminal investigation.

[RS]

". He's been much, much sharper."

Dittos to that... I've started to tune into him again a bit more now... and it helps that Kerry and Gore are such buffoons

[RS]

The slam dunk would have been to throw it out -

But I suspect they are going for search warrants OK for investigation with privacy rules ( no outside release ), but subpeona and court review before using it for evidence.

Got a couple of links on your question..have to dig them out, but they were basically that an action was a proceding - an investigation is not a proceding.

If I find them I'll ping you ...

[RS]

"This is why the SA, as we have REPEATEDLY stated, is stuggling with enourmous effort to find a charge, any charge which disqualified assignment to drug court. Drug smuggling or Money laundering."

Is there some reason you REPEAT the allegations that are not part of the current investigation ?

Particularly the "money laundering" that Rush has allready admitted to ?
(check my profile/links for quotes from Rush )

[Ichneumon]

In memory of Spc. Ray J. Hutchinson, A Co., 2-502 Inf, 101st Airborne, Mosul Iraq, Dec. 7, 2003 RIP

Er, wrong thread, perhaps?

[Dark Knight]

As far as I'm concerned, this weekend...any warrior honored for the greatest sacrifice to his country is welcome on any thread. RIP Spc. Ray Hutchinson!

DK

[tioga]

Post 5's tagline. I prayed and I acknowledged the prayer.