April 8, 2004
RUSH TO AVOID JUDGMENT:
Seizure of Limbaugh's Records Is Before Court (ABBY GOODNOUGH, 4/08/04, NY Times)
An appeals court decision could speed up or simply end the case against Mr. Limbaugh, 53, because prosecutors have said they need the records to pursue a thorough investigation. They said they were trying to determine whether he was "doctor shopping," a felony in Florida, which involves secretly getting prescriptions for a single drug from more than one doctor at a time.Arguing before the Fourth District Court of Appeals here, Roy Black, Mr. Limbaugh's lawyer, told the three-judge panel that the seizure was a blatant violation of state law. The proper procedure, Mr. Black said, would have been for investigators to let Mr. Limbaugh know their intentions ahead of time with a subpoena. That way, Mr. Limbaugh could have gone to court to object before his records were seized.
Mr. Black said the case threatened the privacy rights of all Florida residents, especially their right to keep medical records confidential.
"You cannot use a search warrant to seize patient records" under state statute, he said. "You can only do it by subpoena and with notice."
If you're going to build a career on demanding that people do the right thing, maybe you should too. Addiction is a common and forgivable human weakness, trying to hide your criminal trail is inherently dishonest. Posted by Orrin Judd at April 8, 2004 9:27 AM
How do you know he's guilty?
Posted by: Bartman at April 8, 2004 9:34 AMI love the irony of a guy who's spent his career decrying liberal judges who throw out criminal cases based on procedural technicalities now hiding behind the same...
Posted by: Foos at April 8, 2004 9:35 AMI'm not defending him, I just wonder where oj's info is coming from. oj, care to enlighten me?
Posted by: Bartman at April 8, 2004 9:57 AMIf the prosecutor broke state law in seizing Rush's medical records, he is just as guilty and should be removed. That's the law. If Rush is guilty, he will most likely be convicted, unless the state overreached.
Posted by: jim hamlen at April 8, 2004 11:32 AMAh, brave post-modern world, where the only crime is hyprocracy.
Posted by: mike earl at April 8, 2004 11:42 AMEven if Limbaugh is guilty, that doesn't make it okay for the prosecutor to circumvent the law. They might have had a case against them if they hadn't been so over-zealous.
Or maybe they knew they didn't have much of a case and needed to take sensational steps to get the press.
Either way, I'm not in favor of excusing the government's abuses just because they were going after an addict.
Isn't there a little girl (or hundreds) still missing from the Florda child welfare system they could be looking for? How 'bout spending the money on that?
Posted by: NKR at April 8, 2004 11:42 AMNot only is the only crime hypocrisy, but you can immunize yourself against any charges by never setting any standards for yourself. If you can never be held accountable for anything, you can't be a hypocrite. Only fallable people with standards can be hypocrites,
if you never set any standards for yourself, you are immune because you can never be held accountable for anything.
Ignore previous post, hit the wrong button. D'oh.
Not only is the only crime hypocrisy, but you can immunize yourself against any charges by never setting any standards for yourself. If you can never be held accountable for anything, you can't be a hypocrite. Only fallible people with standards can be hypocrites.
bartman:
If he weren't guilty he'd have no need to hide evidence.
Posted by: oj at April 8, 2004 12:34 PMOrrin:
I don't think hat really is the best opening line for a committed anti-statist who struggles to protect the individual against state power. Don't you think a lot of DA's would love to pot him for career or political reasons? Isn't a better argument that the law should stop treating the criminal justice system as if it were a chess game and enact general, substantive laws based on what it should be--the protection of society. You can't ask an accused person to only take advantage of laws and arguments he agrees with philosophically.
Limbaugh's public credibility is an important factor, but not really related to his lawyer's efforts. And there is only so far you can take that. Is he supposed to start singing "The policeman is my friend." just because he believes in law and order?
Raoul:
Very well said.
Posted by: Peter B at April 8, 2004 1:13 PMOJ - Please post your entire medical records and last five years tax returns on line for the curious to review and comment upon. I assume you have not objection since otherwise we would have to assume that you have something to hide and should be convicted of a crime for engaging in a coverup of "evidence".
Posted by: George Ditter at April 8, 2004 1:15 PMIn the age of "erectile dysfunction" a lot of men have something to hide.
The prosecutor's office has already shown an enthusiasm for leaking false or confidential info. I don't think anyone would just stand by and let them have all their records.
Posted by: NKR at April 8, 2004 2:17 PMPeter -- Orrin is not a committed anti-statist. He's a statist who's out-of-power. There's a distinct difference.
As for Rush, they didn't pick him at random or even just for his politics. He announced on the radio that he was addicted to prescription pain killers and his supplier/employee narced him out. There's certainly grounds to investigate.
Now, Rush Limbaugh is just as entitled as any junkie to the benefits of the exclusionary rule, but let's not pretend that letting a guilty man go free is some great triumph for privacy rights.
Posted by: David Cohen at April 8, 2004 2:51 PMFrom Mr. Limbaugh's Reply Brief:
[....]
Just two years ago, in State v. Langsford, 816 So. 2d 136 (Fla. 4th DCA 2002), this Court considered the same argument the state advances here – and flatly rejected it. “[T]he limiting language in article I, section 12 does not prohibit the legislature from passing statutes which give Florida citizens greater protections than the Fourth Amendment.” Id. at 139. A statutory scheme in Florida that imposes “higher standards for police conduct than those required by the Fourth Amendment” is “entirely permissible as a matter of state law,” and the state’s failure to comply with the statute requires suppression. Id. Even though Langsford originated from the same Palm Beach County State Attorney’s Office that is a party here, Langsford is not even mentioned in the state’s Response.
OJ:
Remember your Holmes: "The right to be left alone". Rush is a lighting rod, and while he certainly may be guilty, without a subpoeana, he is most certainly being harassed by the Palm Beach County D.A.
Posted by: jim hamlen at April 8, 2004 3:35 PMjim:
I approve of the police harassing drug addicts and criminals, even if they're rich and white.
Posted by: oj at April 8, 2004 3:42 PM"I was treated once for gout."
Given the recipes you post, that is just about certain. :)
Posted by: Bruce Cleaver at April 8, 2004 4:27 PMBruce:
My studies show that gout is an evolutionary trait that we inherited from the great auk.
Posted by: oj at April 8, 2004 4:43 PMWhy the heck do we insist on using criminal means to address a health problem?
Posted by: Jeff Guinn at April 9, 2004 9:56 AMBecause he engaged in criminal behavior?
Posted by: oj at April 9, 2004 10:00 AMOJ:
That is a tautological response. His behavior stemmed from a health problem. So why not treat the disease, rather than criminalize?
Did his behavior hurt anyone other than himself?
Posted by: Jeff Guinn at April 9, 2004 3:07 PMOJ:
Behavior that is wrong will exact its own cost. It clearly was exacting a cost from Mr. Limbaugh.
I'm trying to distinguish between that which is best addressed by treating the disease, and that which requires the criminal justice system.
Doc shopping was a symptom of an underlying disease, a symptom which, to all appearances, hurt no one other than himself.
Treat it, therefore, as a health problem.
On the other hand, if his drug addiction had led him to drive under the influence, and put others at risk, then by all means let run the dogs of criminal justice.
Posted by: Jeff Guinn at April 9, 2004 5:35 PM"other than himself" pretty much sums up the difference between Christianity and atheism as regards public policy.
Posted by: oj at April 9, 2004 5:39 PMOJ:
No--it asks the question as to which is the best tool to deal with the problem at hand.
Criminalizing doctor shopping drives the symptom underground, but does nothing about the underlying problem.
"Other than himself" does, however, provide a means to keep an overweening, nanny statist government at bay.
Posted by: Jeff Guinn at April 10, 2004 7:53 AMWere you raised by wolves or did someone nanny you?
Posted by: oj at April 10, 2004 8:47 AM