Pubdate: Sun, 19 Jun 2005 Source: Palm Beach Post, The (FL) Copyright: 2005 The Palm Beach Post Contact: http://www.palmbeachpost.com/ Details: http://www.mapinc.org/media/333 LIMBAUGH: ENOUGH TIME Rush Limbaugh's attorney keeps saying that his client is innocent. So why does he keep acting as though his client is guilty? Every court has decided that Palm Beach County prosecutors acted legally in November 2003 when they obtained search warrants to seize the talk-show host's medical records as part of an investigation into illegal use of prescription painkillers. Six weeks ago, the Florida Supreme Court declined to review lower courts' decisions that sided with prosecutors. Yet last week, Roy Black was back before the judge who issued the search warrant, arguing that Mr. Limbaugh, who broadcasts much of the time from Palm Beach, should be able to decide which records the prosecutors will see. Inside the studio where he fulminates for 15 hours a week, Mr. Limbaugh rules. Outside that studio, the rules of society apply to Mr. Limbaugh, whether he likes it or not. Since prosecutors had to persuade two judges before getting the records, there is no great privacy issue here. The simple concept is that no one can use privacy to shield evidence of a crime. Presumably, Palm Beach County Circuit Judge Thomas Barkdull will agree. The decision is an easy one in every way. Mr. Black's motion asks that, if Mr. Limbaugh doesn't get the records, a judge review them in private to determine with prosecutors which ones are relevant to the investigation. As this newspaper has noted, that's what State Attorney Barry Krischer has agreed to all along. Despite what the talk-show host has claimed, as he tries to shift attention from himself, Mr. Krischer's office seeks neither to embarrass Mr. Limbaugh nor to score political points. The investigation led to Mr. Limbaugh. After his housekeeper told The National Enquirer that she gave Mr. Limbaugh large quantities of pills, the host underwent treatment for addiction. Think of what Mr. Black is asking. He wants Judge Barkdull to set a precedent that suspects, not law-enforcement authorities, get to decide which evidence might be used to prosecute them. Reading his motion, which impugns the agents who obtained the warrants and attempts to cast doubt on the idea that Mr. Limbaugh was "doctor-shopping," it seems that Mr. Black is arguing a criminal charge before one has been filed. If there is a need for that, it will come later. For now, the issue is simply whether Judge Barkdull finally will allow prosecutors to continue an investigation that has been stalled for 19 months. It will be a shock and a jolt to state law enforcement if he rules any other way. - --- MAP posted-by: Josh