Posted on 04/29/2006 6:51:24 PM PDT by Imgr8t
WEST PALM BEACH, Fla. - After three years under suspicion, Rush Limbaugh can finally put behind him the investigation that exposed the conservative commentator's own drug problems, thrusting him into the spotlight for the very things he derided in others.
None of it affected his ratings for a radio talk show that airs weekdays on nearly 600 stations and draws about 20 million listeners a week, Limbaugh spokesman Tony Knight said.
"This investigation didn't have any impact on his audience or on his advertising," Knight said Saturday, a day after defense attorneys announced a deal with prosecutors. A single prescription fraud charge will be dismissed after 18 months if Limbaugh stays drug free and doesn't violate any laws.
Prosecutors launched their investigation in 2003 after Limbaugh's housekeeper alleged he abused OxyContin and other painkillers. He entered a five-week rehabilitation program and blamed his addiction on severe back pain.
Prosecutors seized Limbaugh's medical records after learning that he received about 2,000 painkillers, prescribed by four doctors in six months.
The investigation was held up as prosecutors and Black battled in court over whether Limbaugh's constitutional right to privacy was violated when the records were seized, but the state prevailed.
Is the deal a victory for Limbaugh?
"This is a dismissal of the charge ... representing, in affect, a win for the defense," said Kendall Coffey, a former U.S. attorney and prominent Miami defense lawyer.
"Having said that, I wouldn't call this case a major defeat for the prosecution. They fought and won an important legal point in establishing that you can use a search warrant in Florida to secure medical records," Coffey added. "That's an important precedent for prosecutors around the state. This could be the rare situation where both sides made a deal and can walk away feeling some satisfaction."
The deal also allows Limbaugh "to save face," said Michael Seigel, a University of Florida law professor and former federal prosecutor.
"Given the high profile nature of this, it's an indication to me that if Rush Limbaugh thought he could win the case and be vindicated, he would go to trial," Seigel said. "He's not asking for his day in court."
The 55-year-old commentator surrendered Friday at the Palm Beach County jail on a warrant charging that in 2003, sought a prescription from a physician without revealing that he had received medications from another practitioner within 30 days. That charge, commonly referred to as doctor shopping, is a felony that could carry a sentence of up to 5 years in prison.
Limbaugh was booked, photographed and fingerprinted before being released on $3,000 bail. He has steadily maintained his innocence.
Black called the charge a formality to bring closure to the case, adding that Limbaugh has been drug free for 2 1/2 years.
A spokesman for the Palm Beach County State Attorney's Office, Mike Edmondson, said the deal is typical in such cases.
"It's really standard for someone who is dealing with their addiction," Edmondson said Saturday. "It's a diversion specifically for first time offenders with no prior criminal history or arrest."
Before his own problems became public, Limbaugh had often argued that drug crimes deserve punishment, once saying on his short-lived television show in 1995 that users "ought to be accused and they ought to be convicted and they ought to be sent up."
The resolution of the case was applauded by Ethan Nadelmann, director of the nonprofit New York-based Drug Policy Alliance, which promotes treatment instead of incarceration for nonviolent drug offenders.
"Maybe this will soften up Rush Limbaugh a bit when he talks on the radio about the millions of other Americans who are suffering from drug problems," Nadelmann said.
It's late and I'm tired. I missed one step in my math. 333 per MONTH ... and 11 a day is correct. Go back to FReeping polls, OK? :-)
Rush wouldn't seek his "day in court" -- there'd be no "jury of his peers" in that county. It would be all people who hated him.
What is there to be vindicated for? He was charged with a crime, he entered a NOT GUILTY plea, and the prosecuter will drop the charges.
At worst, if he doesn't honor the "terms", the prosecuter will have to prosecute the case, because as of now there IS NO CASE.
And the "terms" are to keep doing what he is doing.
The only thing the prosecuter can point to is that Rush is partially reimbursing for the costs of the investigation.
typical MSM spin. This is a complete vindication for Rush.
If the prosecuter had never investigated, he wouldn't have needed a $30,000 re-imbursement.
If he had found something, he would have prosecuted.
Rush had to take this deal, because he's paying a lot more to Black than $30,000, and the 'deal' is essentially a complete dismissal of the case.
Yes, he talked about it once on TV. But it was talking about people taking ILLEGAL drugs, not people abusing legal drugs.
Remember, Rush was taking legal prescription drugs, not smoking crack.
Notice how the title makes it appear as if Limbaugh said "Prosecuters can declare Victory".
Nothing reflects this in the text.
And don't the Liberals and Savages of the world hate that. :-D
Matter of fact I took to listening even on the days Rush had guest hosts for two years because of this witchhunt. I'm back to only Rush days now, but all they did was firm up Rush's support with this crooked prosecution.
I believe that if Rush were some left wing talk show host, the DA would probably compassionately applaud him for responsibly taking care of his numerous back and neck injuries.
Is there such a thing as selective prosecution?
So is Rush going to be watched like a hawk by the DA's office for the next 18 months? Is this freedom for Rush?
>>Is there such a thing as selective prosecution?
See the first quote on my FR homepage.
Awright! Enuf's Enuf! :-)
Have a FReepin' good weekend!
Addiction to any type of drugs legal or illegal is a horrible thing. Yes Rush was addicted to a legal drug, but it is a drug that is called the hillbilly heroin on the streets. I feel that people addicted to illegal drugs should be allowed the chance of rehab instead of being thrown into jail.
There probably would not be so much animus towards Rush from this board if he would occasionally give attribution to FR when he steals ideas from the forum. It is amazing how often he begins discussing a subject shortly after the supporting article is posted here. Several Freepers have experienced sharing ideas/concepts with him only to have them claimed as his own later.
I've heard Rush give Credit to FR many times.
Can't claim it has been every time. Don't get to listen every day.
I first heard of Free Republic on Rush's show. Made an effort to get educated and been hooked since.
I can't help it, I find it amusing that a man who talks and gives opinions for a living has a spokesman.
OK, so maybe he stiffed me. I'm still trying to get passed it...
Several years ago while attending a conference in Atlantic City I was taking an early morning walk on the boardwalk. A fortune teller asked me if I knew what time it was...
I wouldn't consider it opinions as much as I would consider it analysis. He may offer his own opinions on occasion, but what I hear are facts. Maybe it's because I only listen to the first hour of his show, I don't know.
What I get out of Rush's broadcasts are the times when politicians say one thing and do another. He lays it on the line. (See dingy harry's immigration reform from the 1990's and how he plays it today)
I always keep an open mind. I listen to Rush and Hannity and Boortz, and while I enjoy Rush's analysis.. in my opinion, Hannity is a hack. Boortz is good, but a little more LP than I wanna be. I'd be happier if the GOP went back to their roots of limited gov't and curtail spending. That's what I like about Boortz.
While Rush will entertain the thoughts of a liberal caller, try to understand and *try* to see it from thier point of view... Hannity doesn't even give them a chance. And I think that's a major flaw... but anyway, that's my .02 cents.
I noticed that too.
Thank you most sincerely, FreedomPoster. You have an especially awesome home page as well as a "screen name".
Thanks again.
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