Posted on 03/09/2012 10:37:31 AM PST by Catsrus
Gloria Allred has sent a letter to Denise Nieman, the County Prosecutor in West Palm Beach, Florida, on behalf of the Women’s Equal Rights Legal Defense and Education Fund, asking for an investigation into whether Rush Limbaugh violated Florida defamation law when he called Sandra Fluke a "slut" and a "prostitute." Allred cites Section 836.04 of Florida Statute, which says that "whoever speaks of and concerning any woman, married or unmarried, falsely and maliciously imputing to her a want of chastity, shall be guilty of a misdemeanor of the first degree."
Fluke is a slut. That was the core of her testimony.
LOL...
Yes, this is not a civil trial, she is asking for a criminal complaint. So, the presecutor would bear the burden of proof to show a crime had been committed. Merely pointing out Rush said such and such is not enough. The prosecutor would have to show the statement was false, that rush knew it was false when he said it and on top of that would have to overcome the burden of showing that it was meant to harm a non public person. Rush has almost immunity given Fuke is a public person by allowing herself to be used in a publicity stunt by the dems in Congress. To get this past any hearing in the pretrial phase would be harder than picking the superfecta.
On the other hand, don’t dismiss what a prosecutor in liberal palm beach may actually do i.e. file a charge after all, we know any prosecutor can indict a ham sandwich if they choose to do so.
The "Yo Momma" Law? I believe it still applies in current society.
I don’t know. There are a lot of stupid prosecutors out there looking to get their name in the paper. Rush will win, but that may not be the point.
Um... She was shilling for FREE birth control. I would impute from that data that "chastity" is the least of her worries.
Just imagine this scenario: People walk into a WaWa all the time and say give me 20 dollars on pump 8! Imagine this exchange. Guy drives his Honda Civic in and says to the clerk, give me $450 dollars on pump 8! Holy Crap!
Your points are well taken, however there are some issues at hand here. First, Gloria Allred HAS NO STANDING, nor does the organization that she is representing.
This is a CRIMINAL charge, not a civil infraction. The only person who can bring “charges” against Rush would be Fluke, then she would have to file a police report and get a prosecutor to actually go along with this.
Since this is a 1st degree misdemeanor, the worst that could happen to Rush under the penalty section of Florida law would be a prison term of up to one year. (HIGHLY UNLIKELY) or a fine not to exceed $1,000. (THAT’S NOT GOING TO HAPPEN EITHER.)
And, in all probability, the constitutionality of the underlying statute would be questioned in an Appeal situation ie: “equal protection clause.”
It is nothing more than Allred looking for some way to insert herself into the media circus this has become.
I don’t know what states she is licensed to practice law in, but someone ought to look at the number of high-profile “clients” she has trotted out over the years and see what, if any, litigation she has proffered these people.
I would bet, she has violated her oath as an attorney numerous timess over the years and if a complaint were filed in the state of her licensure, she may have a whole lot of explaining to do.
This is the oath for Michigan. Please notice paragraph 7. It doesnt’ say her client...it refer’s to all parties.
Maybe Gloria ought to take a look at her oath again.
I do solemnly swear (or affirm):
I will support the Constitution of the United States and the Constitution of the State of Michigan;
I will maintain the respect due to courts of justice and judicial officers;
I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;
I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with my client’s business except with my client’s knowledge and approval;
I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;
I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any cause for lucre or malice;
I will in all other respects conduct myself personally and professionally in conformity with the high standards of conduct imposed upon members of the bar as conditions for the privilege to practice law in this State.
An Open Letter to Gloria Allred as per violation of Florida Statute 836.04.
You are a f***ing **nt. Additionally, you are a two bit dime-store cheapish biotch ho. I dare you to prosecute me especially since this post will show up on a computer within the state of Florida.
Is that pronounced Flook or Fluck?
Fluke may be a flooky Fluckin’ flake.
What ever happens, Rush is just going to get more popular.
Go Rush!
I would love to see this “trial” on TV. Would almost be good enough for a Pay For View event!!!!
Rush would slice & dice Gloria before she opened her expensive briefcase!!!!!
Besides——Sandra Fluke labeled herself in a hearing before members of Congress.....She chose to be there & make her own damning comments which sealed her own fate.
I still have not found a decent explanation of WHY there is ANY University of college that is providing HEALTH INSURANCE POLICIES to ANY STUDENT!!!!!
When did this all start??? WHY????
How much of taxpayers money is going into the University which then gets used for Health Insurance premiums?????
Connecting the Dots: O’Reilly Traces Sandra Fluke To Former White House Adviser
"Hey - it also says here that it's illegal to dress livestock in formal evening wear."
I don’t know the answer to that. When I was in college back in the 60’s I didn’t have health insurance, but my mom did and I know that I was on it. But when I left college I didn’t have health insurance until I got a “regular job”. By then I was 30, about the age of Miss Fluke, I believe. But health insurance is a socialist scam at best. My dad was a GP who carried a black bag and made house calls. His rich patients, and I mean RICH, paid for the ones who couldn’t and that was fine with him. He would drive into the city from LI to see someone that he knew wouldn’t pay him. It was a vocation, not a business. We need to get away from all this PRAGMATISM that the schools teach and start doing the right thing when no one is looking. That’s the definition of character.
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