And, I'm going to have to take it you never heard the Jessica Hahn/Sam Kinison story. Its a good one.
Posted on 05/01/2006 11:21:29 AM PDT by 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.
And you never took responsibility for the wrongness of the "Common man's justice" slur you put out there. You're just digging yourself in deeper and deeper. Rush, finally took responsibility for his problem. It's time for you to take responsibility for yours.
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.
I note that, when an argument you make is shown to be completely bogus, you keep up the insults and turn to another argument. This demonstrates that winning and insulting are more important to you than the truth.
I never said he didn't cut a deal. To say or imply that I did is to speak or imply a lie. So, unsurprisingly, you say and imply it.
Further, I don't think you have a clear sense of the moral aspects of addiction or of the amazing personal, spiritual, and moral recovery that can be made by somebody who, as they say, "works his program". I would readily concede that Rush himself did not understand addiction and, like you, took unmerited moral high ground and flaunted it. He has learned. You, evidently, haven't.
Why am I not surprised by your trying to twist the facts further, since you so clearly can't handle the fact that you are mistaken and still don't know what you're talking about, and you've just made it obvious.
Rush himself has admitted that he is an addict. I don't think that's under debate. Is anyone on this thread maintaining that he is not an addict? Have you yet admitted that you are mistaken?
Let's see, you've said that I lack integrity and that I'm a robot. I hope you understand how I can conclude that you are more interested in insults and making trouble than in anything close to the truth.
Have a humiliating day. You need one.
Opticoax,
I think you need to understand that Rush can say whatever the hell he wants and can continue his rants. I've never been much of a talkshow or radio show fan myself, but being addicted to painkillers is a problem that happens to many older Americans. It doesn't invalidate his theories or ideas.
Now, what it might do is make him a bit more empathetic towards other Americans who are addicted to drugs of any kind. I think instead of denying he was arrested or denying this or that, the proper stance would be to just admit it but not stop upholding your principles.
Now as far as liberals... (laughs) what the hell dude, they're gonna spout whatever crap they usually spout regardless of anything. I mean, what, do you think they would, like, not try to invalidate him if he wasn't on drugs?
Puhlease.
Here's what you wrote initially, among other things:
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.
There's no reason why Rush can't call Charlie Sheen an idiot for joining the Alex Jones tinfoil parade. Everyone who has fallen for that twerp's nonsense can't be on dope. But I can't think of a reason why Rush would waste valuable broadcast time talking about Ethan Hawke or the drag queen Wachowski unless they pulled a Dixie Chick trick and flew across the Atlantic to spew about how much they don't like America.
Nice try.
Your explanations do not bear out in real time. However, it is clear you despise Rush Limbaugh, and are smug in your open dislike of him. So be it.
I think he's a doll. And he's right 98% of the time. :)
Kinda like our Nifong in North Carolina. The prosector in Rush's case was hoping to turn this into some type of Democrat Vehicle "for change". They failed.
Print | | Disable live quotes By Gabriel Madway Last Update: 6:34 PM ET Apr 28, 2006"
http://www.marketwatch.com/News/Story/Story.aspx?guid=%7BD9E4A777%2D42B6%2D4929%2D9A1D%2D28AAEF3A4977%7D&dist=newsfinder&siteid=google
Man, you're a joke. I dont mind if someone's stupid as long as they realize it.
Never said anything about his ratings, just his credibility.
I want to hear about your marital status first. Its very relevant to the debate at hand.
Sorry I criticized your hero, Rushbots, but even the most ardent Rushie has to admit the man isnt blameless and he hasnt been honest.
BTW, the word you were looking for was competence.
You might want to back out of this fight.
Compared to you, I'm a freakin Dynamo!
Keep up the brilliant debate patter. It makes you look real intelligent. Try to work in "horse piss" a few more times.
Is the common man able to get arrested on a felony and then pay a $30,000 fine to have the charges expire?
Does the common man get to have his case drawn out over 3 years?
Did or did not Rush get arrested, accept a deal that says he will be prosecuted if he doesnt keep clean for 18 months.
I dont know what you are failing to grasp here.
I know you like Rush, but you've got to be honest with yourself about what he is and what he did.
And, I'm going to have to take it you never heard the Jessica Hahn/Sam Kinison story. Its a good one.
Withholding information from a practitioner. Hang him.
I'm wondering if I didn't direct my post to the wrong person?
Keep up the brilliant debate patter. It makes you look real intelligent. Try to work in "horse piss" a few more times.
In my native language "patter" means boobs or female breasts, you are sure very entertaining, IAROTLMAO!!!
So what.
Any third grade student would also trounce the average liberal.
That being said, Hannity is not an original thinker. Before he went nationwide, he followed Rush on WABC in New York. It was not worth listening to Hannity after having heard Rush. Hannity's whole show was a weak parroting of Rush's. It still is.
Hannity has never presented a line of thinking on any issue that floors me. Rush does it all the time.
Hannity is just a repetitious johnny-one-note with his catch phrases, "Right sweet baby?", "What would Reagan do?" and "Let not your heart be troubled".
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