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CNN Live Today

Rush's Records

Aired December 23, 2003 - 11:01   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


CAROL LIN, CNN ANCHOR: We begin in Florida, where a judge has issued a ruling allowing the prosecution to unseal radio talk show host's Rush Limbaugh's medical records. Limbaugh is under investigation for allegedly purchasing prescription painkillers illegally.
CNN national correspondent Susan Candiotti has been working this story since it broke about an hour ago. She's in Miami with more details. Susan, good morning.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Carol.

Yes, this is a boost for state prosecutors who are conducting an investigation into whether talk show host Rush Limbaugh may have illegally purchased prescription painkillers. As you know, he has maintained that the state had no right to seize his medical records without a hearing first. And, furthermore, they had no right, because of his right to privacy, to review them. But a judge has disagreed in this case, agreeing with prosecutors, that they had enough compelling interest in this case, saying that it was relevant and necessary for them to look at these records in order for them to carry on with their investigation.

And concerning Mr. Limbaugh's claim of a right to privacy, the judge says that a right to privacy is not absolute, and will yield to governmental interest. In the end, this means that there's a very clear order involved. The state and only the state will be able to review Rush Limbaugh's records as part of their investigation. Other than that, the medical records will remain sealed and will not be available for public review. Now, in part, the judge said, in opening up these records to the investigators, quote, "The state has clearly demonstrated the relevance or nexus between seizing Mr. Limbaugh's medical records and this ongoing criminal investigation."

You will recall that prosecutors have said quite clearly they are looking into whether Limbaugh carried on what's known as doctor shopping. That is whether he went from doctor to doctor without telling one or the other, in order to get his hands on prescription painkillers, overlapping the prescriptions without notifying the doctors in order to feed his addiction.

You'll remember that Mr. Limbaugh himself acknowledged his addiction to prescription pain painkillers after a story came out in "The National Enquirer," with claims by his former housekeeper that she had illegally sold him prescription drugs.

And so his attorneys are not sitting idly by. They have asked the judge to stay this order and not allow the prosecutors to review it, so that they can appeal it. But for now, they haven't filed the paperwork yet, so theoretically, we are told, prosecutors could be looking at those medical records now -- Carol.

LIN: Susan, is this a case that can be technically appealed? I mean, could his attorneys take this all the way to the Supreme Court if they wanted to?

CANDIOTTI: It's not clear whether this could be taken all the way to the Supreme Court. I suppose in theory it could be. We will have to see what the defense attorneys will be filing in connection with this. And of course, Carol, we also had some interesting developments yesterday during the course of this hearing. For example, Roy Black told the court his claim that Mr. Limbaugh was being blackmailed by his former housekeeper and her husband. He said that they demanded $4 million from Rush Limbaugh in order for them to not talk about providing these drugs to him. Mr. Black said that Mr. Limbaugh refused to pay them money and wanted to go to the FBI, but received advice from what Mr. Black called business associates that if Mr. Limbaugh went to the FBI, according to him, he was afraid that the FBI would then turn the tables on him, and that his political enemies, as his lawyer put it, would turn this against him.

LIN: All right. Thank you very much, Susan Candiotti, for the latest on that case.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com






Aired December 23, 2003 - 11:01   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL LIN, CNN ANCHOR: We begin in Florida, where a judge has issued a ruling allowing the prosecution to unseal radio talk show host's Rush Limbaugh's medical records. Limbaugh is under investigation for allegedly purchasing prescription painkillers illegally.
CNN national correspondent Susan Candiotti has been working this story since it broke about an hour ago. She's in Miami with more details. Susan, good morning.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Good morning, Carol.

Yes, this is a boost for state prosecutors who are conducting an investigation into whether talk show host Rush Limbaugh may have illegally purchased prescription painkillers. As you know, he has maintained that the state had no right to seize his medical records without a hearing first. And, furthermore, they had no right, because of his right to privacy, to review them. But a judge has disagreed in this case, agreeing with prosecutors, that they had enough compelling interest in this case, saying that it was relevant and necessary for them to look at these records in order for them to carry on with their investigation.

And concerning Mr. Limbaugh's claim of a right to privacy, the judge says that a right to privacy is not absolute, and will yield to governmental interest. In the end, this means that there's a very clear order involved. The state and only the state will be able to review Rush Limbaugh's records as part of their investigation. Other than that, the medical records will remain sealed and will not be available for public review. Now, in part, the judge said, in opening up these records to the investigators, quote, "The state has clearly demonstrated the relevance or nexus between seizing Mr. Limbaugh's medical records and this ongoing criminal investigation."

You will recall that prosecutors have said quite clearly they are looking into whether Limbaugh carried on what's known as doctor shopping. That is whether he went from doctor to doctor without telling one or the other, in order to get his hands on prescription painkillers, overlapping the prescriptions without notifying the doctors in order to feed his addiction.

You'll remember that Mr. Limbaugh himself acknowledged his addiction to prescription pain painkillers after a story came out in "The National Enquirer," with claims by his former housekeeper that she had illegally sold him prescription drugs.

And so his attorneys are not sitting idly by. They have asked the judge to stay this order and not allow the prosecutors to review it, so that they can appeal it. But for now, they haven't filed the paperwork yet, so theoretically, we are told, prosecutors could be looking at those medical records now -- Carol.

LIN: Susan, is this a case that can be technically appealed? I mean, could his attorneys take this all the way to the Supreme Court if they wanted to?

CANDIOTTI: It's not clear whether this could be taken all the way to the Supreme Court. I suppose in theory it could be. We will have to see what the defense attorneys will be filing in connection with this. And of course, Carol, we also had some interesting developments yesterday during the course of this hearing. For example, Roy Black told the court his claim that Mr. Limbaugh was being blackmailed by his former housekeeper and her husband. He said that they demanded $4 million from Rush Limbaugh in order for them to not talk about providing these drugs to him. Mr. Black said that Mr. Limbaugh refused to pay them money and wanted to go to the FBI, but received advice from what Mr. Black called business associates that if Mr. Limbaugh went to the FBI, according to him, he was afraid that the FBI would then turn the tables on him, and that his political enemies, as his lawyer put it, would turn this against him.

LIN: All right. Thank you very much, Susan Candiotti, for the latest on that case.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com