Rush’s Long Nightmare Is Over - A shameful investigation comes to an end

NRO ^ | 05/01/06 | Andrew C. McCarthy & Mark R. Levin

[veronica]

Pursuant to an agreement Rush has reached with state prosecutors in Palm Beach, Florida, they are finally abandoning their two-and-a-half year quest to criminalize a human tragedy—addiction to medication prescribed because of severe pain.

Unlike most of us, who get to keep our private struggles private, Rush’s celebrity ensured that his would be played out publicly. With characteristic candor and humility, he admitted he had a problem. And he did it in a way that is rare today, although one that came as no surprise to those of us privileged to know Rush. He took real responsibility.

He didn’t pretend to be a victim. He didn’t blame anyone or anything—not even the pain. Instead, he forthrightly acknowledged what he regarded as a personal failing, although most of us would aptly see it as a common trap for those with painful medical conditions. Equally important, he didn’t just talk about his problem. He dealt with it, continues dealing with it, and is overcoming it.

From day one he has maintained he is innocent of any crimes. That assertion has stood the test of time, and it stands today as this shameful investigation ends.

We are former federal government attorneys. We’ve collectively spent decades in law enforcement and believe passionately in its professional, non-political, non-partisan mission. Thus, it’s with outrage that we note that, rather than quietly dropping this embarrassment of an investigation, the state attorney, Barry Krischer—a politically active liberal Democrat—has insisted on filing a charge which he well knows will never be tried. Insisting, that is, on further media churning of an allegation of doctor-shopping that he’ll never prove.

Rush is entering a plea of not guilty. The case will be dismissed in 18 months, when Rush completes the treatment he undertook on his own. There is no reason to file a charge that is without foundation and will never result in a judgment of conviction. But, under Florida procedures, this means a person is “processed.” That is, by this petty maneuver, Krischer has arranged for a mug shot of Rush Limbaugh.

Krischer ought to be ashamed of himself, and the people of Palm Beach County ought to be frightened by what passes for law enforcement in their neck of the woods.

How many people do we know of—and how many celebrities can we name in sports, entertainment, politics, etc.—who develop substance-abuse problems? And in most instances the abuse is recreational, not an unintended fallout from treatment for real medical problems. Yet our society does not pursue these folks as criminals. They are treated with compassion. When they seek treatment, they win our admiration. And rightly so.

But not in Palm Beach County—at least not if your name is Rush Limbaugh. The state attorney’s office spent thousands of man hours and hundreds of thousands of taxpayer dollars pursuing not a drug dealer, or a money launderer, or a real criminal—although scurrilous innuendo to that effect was leaked to the Florida press from time to time, thanks to the shameful manner in which this prosecution was run. No, those resources and taxpayer dollars were expended by a politically partisan and ambitious prosecutor to go after a celebrity with a medication addiction.

That’s not what happens in a professional law-enforcement office. In the hundreds of such offices across the country, dedicated men and women figure out what actual criminal activity threatens their communities and marshal their sparse resources against those threats. (Rush won’t brag about this himself, but we will: He has been a generous charitable supporter of those men and women, and particularly the families of those who have fallen in the line of duty, for many years.) In most places, the police have more than enough to do pursuing the drug traffickers who prey on neighborhoods. In Palm Beach, the state attorney apparently thinks funds that could have underwritten scores of law enforcement salaries and scores of serious cases are better spent harassing a good man who happened to have a common problem and happened to be a famous conservative.

We don’t like attaching the word “harassing” to the actions of a prosecutor. We’ve known too many honorable ones for that. But here, it fits to a tee.

Real prosecutors do not engage in selective enforcement. When they scrub the statute books and charge an unusual crime, it’s because they are faced with a unique case involving a truly dangerous person. But not in Palm Beach County. In county history, there apparently has been only one prosecution for doctor shopping—ever. Yet Krischer was so desperate for a mug shot, that’s what he came up with.

The truth is that Krischer never had a case. In November 2005, the assistant state attorney handling the investigation stood up in open court and made the mind-blowing admission that he had “no idea” whether Rush had committed a crime—after pursuing Rush, and crawling through every aspect of his private life, for over two years. He claimed he needed the court to authorize the evisceration of Rush’s doctor-patient privilege so he could interview physicians. Why? Because after months and months of poring over Rush’s actual medical records the prosecutor had no proof that Rush had done anything wrong. This should have come as no surprise since that’s what Rush had told them and shown them all along the way.

Nor did the harassment stop there. Rush was treated far differently from the average person at every juncture—but, of course, you already knew that because, as we’ve noted, the average person would not have been investigated for such a “crime” as doctor-shopping at all. For another example, real prosecutors are duty-bound to keep investigative information confidential. If they are ready to charge someone formally and back up the charges in court, fine. Otherwise, Americans are not supposed to be tried in the press. But Rush was the exception. His private medical records were splashed all over television once they were in the hands of the prosecutors.

Another example. People being investigated routinely retain lawyers. Those lawyers frequently interact with the prosecutors, for obvious reasons such as negotiating over demands for information. Those communications are supposed to remain confidential—again, real prosecutors put-up-or-shut-up in a court of justice; they know they are not supposed to tar people in the court of public opinion. In Rush’s case, however, state attorneys publicized their communications with Rush’s counsel. Worse, in this instance, they were actually given advice by the state attorney general and the Florida Bar Association advising them to seek a court’s permission before releasing such information—yet, they not only released it, they also misrepresented the advice they had been given.

Finally, in our criminal-justice system, it’s not the accusation that counts. We worked for the Justice Department for many years and can attest personally to something that is very well known: It is not difficult for a prosecutor to bring a charge. That truism was recently highlighted when another political state prosecutor, Ronnie Earle in Texas, obtained an indictment against Congressman Tom DeLay for actions that were not even chargeable as a crime under state law.

It is an American principle that a charge is only an accusation and stands as proof of nothing, because it is equally our heritage that people are presumed innocent until proven guilty. It is the result of a case that matters, not the mere allegation. What counts is whether the authorities are able to back up their allegation in a fair fight in front of a neutral judge and jury, with the assistance of counsel able to challenge the prosecution’s case (something that doesn’t happen when a grand jury is considering an indictment). For those reasons, responsible prosecutors, when they are not in a position to prove a charge, don’t smear someone by bringing a charge.

Again, Palm Beach is different. Even though no case against Rush will be pursued, the state attorney has insisted on bringing a single charge he has no intention of ever trying before a jury. He’ll get his mug shot. The charge will be formally expunged after Rush completes 18 months of treatment—treatment he was undergoing anyway and would have finished regardless of any action by the state.

And why, you might ask, wouldn’t Rush fight this charge? Well, he did. He fought this politically motivated investigation for several years; he spent millions of dollars in legal fees challenging the state attorney every step of the way; and he went to the airwaves repeatedly to discuss his legal battle. In the end, despite Krischer’s efforts, Rush continues to maintain his innocence—and he does so as a matter of law—by responding once again with not guilty to a phony doctor-shopping charge the state attorney is unwilling to take to a jury. He has admitted to no wrongdoing at all. And now, finally, it is Rush’s innocence that remains unchallenged as this sad chapter comes to an end.

Rush is a decent, generous, honorable guy who has been dragged through the mud, at great personal embarrassment, solely because he is a conservative icon. When he wakes up tomorrow, he’ll still be a conservative icon. And Barry Krischer will still be a disgrace.

—Andrew C. McCarthy, a former chief assistant U.S. attorney in New York, is a senior fellow at the Foundation for the Defense of Democracies. Mark R. Levin, a former Justice Department attorney and chief-of-staff to U.S. Attorney General Edwin Meese, is president of Landmark Legal Foundation.

[opticoax]

No one knows anyone else's marriage and for you to speculate as to why Rush and Marta split shows your stupidity. You have NO clue. Best to keep your mouth shut.

Congratulations! You are the most loyal Rushbot I've seen.

BTW, check the timing of the Rush/Marta split, just so you have a CLUE next time. Till then, keep your mouth shut.

[opticoax]

When the news broke that he had a pill problem, the Rush-haters scoured their surveillance of him going back years hunting for hypocrisy, and all they found was a single instance in which he said people who use illegal drugs should be sent to jail. I invite you to detail instances in which Rush 'criticized junkie libs.'

Don't chicken out.

You're going to have to go back and read my post a little more carefully. I said that, NOW, Rush cant criticize junkie Libs. Rush cant question someone's credibility based on a drug addiction even when he should. Waiting for your reply.

[opticoax]

You are, quite simply, a dishonest person.

You should try to qualify that, newbie.

I've got 5 years logged here, but I dont kneel at the shrine of any hypocrite, even if it is El Rushbo.

Sorry you dont have the same intellectual honesty.

[opticoax]

Actually, pre-conviction probation is pretty much '"common man's" justice' for the milder cases of drug possession, at least around here. That is essentially what Rush got. The only uncommon thing about this is how the prosecutor did what he could to convict Rush in the press -- and I guess you're evidence he succeeded. Some of us still kind of go for the "innocent until proven guilty" thing, but that's no reason for you to work with that standard. I would caution you that knowing what you're talking about will probably get in the way of condemning people with the gusto you presently display.

I guess you didnt take the time to read the Penny Spence story. BTW, Rush took a plea meaning he plead guilty. Sorry if he's your hero, but I personally feel he is a hypocrite and a liar. Guess I do know what I'm talking about after all. Waiting for your reply.

[opticoax]

And now they have the ultimate weapon to dismiss him.

[ValentinesDay]

You have NOidea what happened in that marriage.
And believe me, I do.

The timing of the divorce is not relevent.

And neither are you.

[Mad Dawg]

I say again: Probation followed by dismissal of the charges IS common man's justice around here for many first offenses involving drugs. (And those "common men" don't have politically motivated DAs spending thousands to crawl all over their lives.) You seemed to suggest that Rush had avoided "common man's justice.

If you have a link to a reliable article which shows that Rush pled guilty, I will go read it. THIS article says he did not admit guilt:
Rush is entering a plea of not guilty.
and
In the end, despite Krischer’s efforts, Rush continues to maintain his innocence—and he does so as a matter of law—by responding once again with not guilty to a phony doctor-shopping charge the state attorney is unwilling to take to a jury. He has admitted to no wrongdoing at all. And now, finally, it is Rush’s innocence that remains unchallenged as this sad chapter comes to an end.

Furthermore we have this:
In November 2005, the assistant state attorney handling the investigation stood up in open court and made the mind-blowing admission that he had “no idea” whether Rush had committed a crime—after pursuing Rush, and crawling through every aspect of his private life, for over two years. He claimed he needed the court to authorize the evisceration of Rush’s doctor-patient privilege so he could interview physicians. Why? Because after months and months of poring over Rush’s actual medical records the prosecutor had no proof that Rush had done anything wrong.

If you have other information, I'll be happy to see it. If you have EVIDENCE, I'd be delighted to see it. But right now all I have is what you've posted and what I can conclude from that is that while hypocrisy is a vice, it is by no means the only or even the worst vice.

As for me, I really don't care whether you respond or not. I already know you don't admit error, you jump to conclusions, you are eager to judge others, and you enjoy calling names and being offensive. It doesn't meet any need I'm aware of having to continue the association.

[opticoax]

Rush took a deal, and the charge will be allowed to "expire" plus a $30,000 "reimbursement".

"WEST PALM BEACH, Fla. — Rush Limbaugh and prosecutors in the long-running prescription fraud case against him have reached a deal calling for the only charge against the conservative commentator to be dropped without a guilty plea if he continues treatment, his attorney said Friday."

Mr. Limbaugh, who pleaded not guilty Friday, has steadfastly denied doctor shopping. Mr. Black said the charge will be dismissed in 18 months if Limbaugh complies with court guidelines."

Rush cut a deal and to say otherwise is "Clintonesque" and wouldnt be argued by anyone with integrity. I know everyone loves Rush, but to not admit what he is just makes you the Ditto-head robot that Al Franken says you are.

[opticoax]

Its spelled relevant, Columbo.

You've earned your Dittohead kneepads. Congrats.

[reasonisfaith]

"And now they have the ultimate weapon to dismiss him"

Liberals will never stand a chance against Rush because their opposition to him arises from an inferior intellectual assessment of the world.

Stuck on stupid always loses.

[reasonisfaith]

"Sad, but its time for Rush to pass the torch"

This statement is false mostly because its premise is that such things are determined by the tabloid media (drive by media for those in Rio Linda).

But such things are not determined by scrawny-minded little doofus media types. The ongoing existence of Rush’s show is market driven.

[longtermmemmory]

I think you have to look at this as a net result situation.

Following a jury trial the charges would be gone and Rush holding a clean record.

Following this deal Rush keeps the not guilty and holds a clean record.

I do hope the FL Bar somehow sanctions the prosecutor for lying about the statement of the ethics department opinions. There is no statute of limitations on bar complaints, no speedy trial. This prosecutor HAS impuned the credibility of the prosecutors and legal system by his misrepresentations to state and public.

[longtermmemmory]

prosecutors are TAUGHT everyone is guilt. Guilty of something.

Even if innocent of this crime, they are guilty of something else in the grand scheme.

Zombies.

[danamco]

El Smackbo managed to hamstring his own show when he did this.

Rush didnt acknowledge a thing until the housekeeper revealed he was giving her plenty of "cabbage" for the "baby blues"

Now Rush can't criticize junkie Libs like Charlie Sheen, Ethan Hawke, Mr. or Mrs. Wachowski.....etc because he has the stink of addiction clinging to him.

Now, whenever Rush makes a good point, all the liberals have to say is "what does that drug addict know?"

Sorry, but the Mahajunkie has no credibility now.

I wonder if he had a Sam Kinison/Jessica Hahn moment that caused the Lovely Marta to flee.

I'll get my political commentary from Severin, Hannity, and Drudge.




1) When did he hamstring his own show?
His show is listened to even by more people Pubs or "asses" today, even after you dropped him!

2) What did he need to acknowledge and to whom - YOU??

3) Who says he can't criticize, are YOU the only one who has that monopoly to criticize???

4) The libs has ALWAYS criticized Rush, even long before his pain killer addiction became public by a political WPB prosecutor on par with DeLay's prosecutor, and probably like people like yourself!!

5) Rush has even more credibility now than before, and praise the Lord he is NOT listening to gloom and doom people like you. And, fortunately for the country, President Bush is also immune to people's opinion like yours!!!

6) How is your own marital status, Pal, and what has this to do with Rush's radio show and his competent????

7) As I told you before; Good Riddance, Rush does NOT need you. Most likely, you may also be posting you negativity on DU where you sure will fit in well!!!!

[danamco]

I've got 5 years logged here, but I dont kneel at the shrine of any hypocrite, even if it is El Rushbo.



Interesting to see or hear somebody who is kneeling for HIMSELF!!!

[longtermmemmory]

actually here is a "prosecutor is a real looser" in this case fact:

Generally it is not expunged automatically. The charges are dropped, but the fact it is dropped remains on the record.

It seems the expungment was accepted by the prosecutor as part of the deal. For a prosecutor to consent to that part of the deal is a HUGE confession of the weakness of his case.

Also, in these pre-trial release treatment programs the result of a breach of the deal is a the actual trial NOT a violation of probation.

This deal screams the prosecutor had a weak case.

[danamco]

Rush took a deal, and the charge will be allowed to "expire" plus a $30,000 "reimbursement".

"WEST PALM BEACH, Fla. — Rush Limbaugh and prosecutors in the long-running prescription fraud case against him have reached a deal calling for the only charge against the conservative commentator to be dropped without a guilty plea if he continues treatment, his attorney said Friday."

Mr. Limbaugh, who pleaded not guilty Friday, has steadfastly denied doctor shopping. Mr. Black said the charge will be dismissed in 18 months if Limbaugh complies with court guidelines."

Rush cut a deal and to say otherwise is "Clintonesque" and wouldnt be argued by anyone with integrity. I know everyone loves Rush, but to not admit what he is just makes you the Ditto-head robot that Al Franken says you are.





You are an excellent student or a "fog-horn" of the "drive-by" L.S.M. cleverly using their talking points. BTW you should listen to his montage yesterday if it is still up on his website about President Bush's "Mission accomplished"!
You sound exactly like these brain dead talking heads!!
I'm just waiting for you also to tell us that Rush Limbaugh has been ARRESTED!??!
It will help you liberal spirit to get it out of your system, so just tell us that he was arrested as well!!!

[TASMANIANRED]

Rush was charged with 1 charge of Doctor shopping and nothing else.

No possession charges at all.

[TASMANIANRED]

Rush doesn't have to pass the torch to anyone, period.

He created conservative talk radio and everyone else in the field is a Johnny Come lately.

He took all the spears and others benefited.

He still has an audience that makes all the rest look like a junior varsity team in Podunk.

As long as he is can hold an audience and the sponsors footing the bill want him he is the Man .

Turn him off if your sensibilities are offended.
I assume you are without sin because you are sure throwing stones.

[opticoax]

You are an excellent student or a "fog-horn" of the "drive-by" L.S.M. cleverly using their talking points. BTW you should listen to his montage yesterday if it is still up on his website about President Bush's "Mission accomplished"! You sound exactly like these brain dead talking heads!! I'm just waiting for you also to tell us that Rush Limbaugh has been ARRESTED!??! It will help you liberal spirit to get it out of your system, so just tell us that he was arrested as well!!!

How Clintonesque you are for such an alleged conservative.

BTW, moron, I've been an FR member about 3 years longer than you and i'll put my conservative chops up against yours any day. Doesnt mean I drop to my knees for El Smackbo.

That's called intellectual honesty.

I've always noticed the zealots needed a hand on the leash, I guess Rush has got his hand on yours.

Rush was arrested, released on $3K bail, and made a deal that he wont be prosecuted if he stays clean for 18 months and pays a $30K fine....that's your hero.