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Limbaugh's lawyers win ruling to fight questioning of doctor
Sun Sentinal .com ^ | August 17, 2005 | Peter Franceschina

Posted on 08/17/2005 11:10:53 AM PDT by woofie

Palm Beach County prosecutors wanted to ask one of Rush Limbaugh's doctors Tuesday morning about the radio host's prescription drug use, but Limbaugh's attorneys won a last-minute court ruling that could jeopardize the future of the investigation.

A Palm Beach County judge ruled Tuesday that prosecutors couldn't question any of Limbaugh's doctors without first notifying Limbaugh. That would give Limbaugh's lawyers a chance to fight the subpoena issued to question the doctor and to raise privacy concerns before a judge.

Limbaugh, 54, a Palm Beach resident, has not been charged with any crimes. He has been under investigation for suspected doctor shopping -- secretly obtaining overlapping prescriptions in a 30-day period.

Palm Beach County State Attorney's Office spokesman Michael Edmondson would not comment on the development. A spokesman for Limbaugh attorney Roy Black said Black would not comment.

The Tuesday ruling goes back to some of the same issues that have swirled around the investigation since it became public in October 2003. Tuesday apparently was the first time prosecutors attempted to interview any of Limbaugh's doctors.

Limbaugh waged an 18-month legal battle to prevent prosecutors from reviewing his medical records, which were seized in late 2003. Prosecutors used search warrants to seize records from three Florida doctors and a California physician. Black contended that prosecutors should have subpoenaed the records, giving Limbaugh a chance to contest it before a judge.

(Excerpt) Read more at sun-sentinel.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: dhpl; limbaugh; rush; rushrules; wins
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1 posted on 08/17/2005 11:10:53 AM PDT by woofie
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To: b4its2late; Recovering_Democrat; Alissa; Pan_Yans Wife; LADY J; mathluv; browardchad; cardinal4; ...

2 posted on 08/17/2005 11:12:21 AM PDT by Born Conservative ("If not us, who? And if not now, when? - Ronald Reagan)
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To: Born Conservative

I think Rush wins ....period


3 posted on 08/17/2005 11:13:56 AM PDT by woofie
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To: woofie

4 posted on 08/17/2005 11:14:04 AM PDT by Prime Choice (E=mc^3. Don't drink and derive.)
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To: woofie

This is just keeping with "notice pleading", IOW no surprises.

It did not say no questions, it just means no "gotcha" tactics.

The prosecutor's office has been working on the "ask forgiveness not permission" principle. It will be interesting if the prosecutor's office goes ahead with disclosing the questions.


5 posted on 08/17/2005 11:16:51 AM PDT by longtermmemmory (VOTE!)
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To: woofie

Prosecutors would have so much fun if they didn't have to follow the law, wouldn't they? Laws? We don't need no stinkin' laws...


6 posted on 08/17/2005 11:17:56 AM PDT by The Electrician ("Government is the only enterprise in the world which expands in size when its failures increase.")
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To: longtermmemmory
Among the options prosecutors can consider are to ask Barkdull to review Stern's ruling or take the case back to the appeals courts.
7 posted on 08/17/2005 11:19:01 AM PDT by woofie
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To: woofie

I predict this case is going to become "at issue" sept/oct of 2006.


8 posted on 08/17/2005 11:22:30 AM PDT by longtermmemmory (VOTE!)
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To: woofie

I think the prosecutors have been overestimating their clout since the beginning of this issue. Unlike most people, Rush has the money to fight the government's unlawful attempts to ruin him. Go Rush!


9 posted on 08/17/2005 11:28:20 AM PDT by American Quilter
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To: longtermmemmory

"I predict this case is going to become "at issue" sept/oct of 2006."

Maybe after that they can extend it to 2008, as well! Shut rush up so he cant rail against hitlery crinton


10 posted on 08/17/2005 11:30:15 AM PDT by Stellar Dendrite (The presence of "peace" is the absence of opposition to socialism -- Marx)
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To: woofie

How much money and how many man hours have gone into this investigation?


11 posted on 08/17/2005 11:31:54 AM PDT by FreedomSurge
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To: FreedomSurge

but for the fact this is Rush limbaugh, this case would have been dropped.


12 posted on 08/17/2005 11:32:53 AM PDT by longtermmemmory (VOTE!)
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To: FreedomSurge

Hours? More like years.


13 posted on 08/17/2005 11:45:44 AM PDT by massgopguy (massgopguy)
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To: woofie

All those pills add up to the prescribed 8 or 9 pills a day. What's their beef?? How desparate they are.....they look like such morons.....


14 posted on 08/17/2005 11:56:25 AM PDT by Fawn (Being a FREE COUNTRY doesn't mean EVERYTHING'S FOR FREE!!!!!!!)
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To: woofie

Has anyone noticed that prosecutors are slowly turning into crooks?


15 posted on 08/17/2005 12:03:02 PM PDT by stinkerpot65
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To: Fawn

I have a permanent prescription for the identical drug at a similar dosage - 2 pills, 3 or 4 times a day as needed.

I don't like drugs personally so I control my chronic pain (abdominal surgery) through self-control learned in the USMC. I take one or two now, once or twice/month. The rleft overs? I flush them.

If I took them according to the doctors, I probably would have been just as hooked on them as he was. In fact, my doctor told me I would be!


16 posted on 08/17/2005 12:05:07 PM PDT by hombre_sincero
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To: woofie
Sheesh, Rush got hooked on very addictive painkillers and got help and got clean......years ago.

Yet these libs are still out there trying to get him.

17 posted on 08/17/2005 12:07:13 PM PDT by 1Old Pro
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To: stinkerpot65
Waddya mean slowly?

L

18 posted on 08/17/2005 12:07:20 PM PDT by Lurker (1-866-DHS-2ICE.-Toll free and anonymous. Report illegal aliens and those who hire them.)
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To: American Quilter

Even if he didn't have the cash, I bet a lot of us would be happy to help with the legal fund to fight this crap. I know I would.


19 posted on 08/17/2005 12:08:30 PM PDT by RushCrush (The mediocre always throw stones at the brilliant.)
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To: Lurker; stinkerpot65

I hear that. I used to have a low opinion of criminal defense attorneys; until I started dealing with prosecutors.


20 posted on 08/17/2005 12:14:13 PM PDT by connectthedots
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