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American Morning
Rush Limbaugh Probe
Aired December 22, 2003 - 07:15 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.
ANDERSON COOPER, CNN ANCHOR: In Florida today, attorneys for Rush Limbaugh will argue that authorities shouldn't be allowed to see his medical records. Now, prosecutors are investigating whether Limbaugh obtained and used prescription pain killers illegally.
CNN national correspondent Susan Candiotti has details.
(BEGIN VIDEOTAPE)
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): So far, the public has gotten a look at a drugstore list of more than 2,000 pills prescribed to Rush Limbaugh over six months, part of a criminal investigation into his alleged doctor shopping for prescription painkillers -- the records part of an open-court record.
But Limbaugh argues no one, not even investigators, have the right to pry into his medical history, found in documents seized in searches of doctors' offices. The admitted addict even read a statement from his lawyers, who called it a fishing expedition.
RUSH LIMBAUGH, RADIO TALK SHOW HOST: "He's being subjected to an invasion of privacy that no citizen of this republic should endure."
CANDIOTTI: But prosecutors need a judge's permission to look at Limbaugh's doctors' records. No one else can either. It's federal law.
KENNETH PADOWITZ, FORMER PROSECUTOR: They can't just go on a fishing expedition, but they have to show the court that this is going to be an important element in their investigation in proving or investigating criminal charges in Florida.
CANDIOTTI: Limbaugh's attorneys argue, a federal and state constitutional right to privacy outweighs investigators' right to pry.
(on camera): Limbaugh also argues his doctors aren't thrilled about treating him now that the state has seized all of his records. The battle over privacy now scheduled for a public court hearing Monday.
Susan Candiotti, CNN, Miami.
(END VIDEOTAPE)
COOPER: Well, unsealing personal prescription drug records raises sensitive legal and privacy issues, of course. Whose side is the judge likely to take on this crucial point? Joining us now from Miami, criminal defense attorney Jayne Weintraub.
Jayne, good to see you. Thanks for joining us this morning.
JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Hi, Anderson. Good morning.
COOPER: My understanding is that all prosecutors really need to show is that the information in these files is relevant to an ongoing criminal investigation.
WEINTRAUB: Well, it's a two-prong test. Remember, Anderson, in Florida, we have not only a statutory right of an expectation of privacy of these records, we have a constitutional right in Florida. And so, it is a very important balancing test that the judge will have to weigh.
And the question really is going to come down to: What, if any, other lesser means -- less intrusive means into your privacy was available to law enforcement to gather the specific material they're seeking?
COOPER: And I suppose...
WEINTRAUB: If it's relevant...
COOPER: Well, prosecutors are saying, look, there were no other means. I mean...
WEINTRAUB: Well, but there were. There were. And the judge is going to know that. No. 1, they had a confidential informant. No. 2, they have Rush on tape, we've been told. We don't know what the particulars of the tape are. But I'm sure there's some kind of an admission.
But remember, too, that the laws were meant to get drug dealers, people who go into doctors' offices, get prescriptions, fill them and sell the pills on the street. That's not what's happening here.
Admittedly in the warrants, the law enforcement knew that Rush Limbaugh was an addict. He was suffering from horrible pain. So, it's not as if this man is going to go and peddle drugs on the street, and they know that.
COOPER: Does the law take that into account?
WEINTRAUB: Very rarely are these cases even ever prosecuted.
COOPER: Does the law take that into account? I mean, doctor shopping, I understand, is a third-degree felony. I think it's punishable up to something like five years in prison at the most.
WEINTRAUB: Five years, right.
COOPER: Does the law take into account whether or not Rush Limbaugh was planning to resell these drugs or not?
WEINTRAUB: Well, I think that the judge will take it into account whether or not these medical records are going to come into play I certainly do, because the law was not meant to target an addict. The law was meant to go -- you know, before you go in and get somebody's medical records, we want to promote people to go seek medical treatment. We don't want to dissuade people who might have a contagious disease that would affect the public welfare or health of our state or community from seeking medical treatment because they're afraid. Confidentiality of medical records have to trump. They're just too important.
COOPER: All right, let's assume for a moment prosecutors are able to get access to these records and they do show some level of doctor shopping is basically what they're looking for. What happens then?
WEINTRAUB: Well, the prosecutors have been very slow in taking their time, which was a very good thing for the defense here, and they're taking their time in really evaluating and looking at what, if any, charges will be filed. Whether or not a technical -- you know, technically crime has been committed, Anderson, does not mean that they will use their discretion and file the charges. They have the ability to use their discretion not to file the charges.
Normally, in these kinds of cases, if it's strictly for an addiction or personal use, these cases are diverted out of the system. And so, I don't see why they would do anything other than what they would normally do for Rush Limbaugh.
COOPER: All right, the hearing is later today. We'll be following it closely. Jayne Weintraub, thanks very much.
WEINTRAUB: Thank you, Anderson.
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 22, 2003 - 07:15 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDERSON COOPER, CNN ANCHOR: In Florida today, attorneys for Rush Limbaugh will argue that authorities shouldn't be allowed to see his medical records. Now, prosecutors are investigating whether Limbaugh obtained and used prescription pain killers illegally.
CNN national correspondent Susan Candiotti has details.
(BEGIN VIDEOTAPE)
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): So far, the public has gotten a look at a drugstore list of more than 2,000 pills prescribed to Rush Limbaugh over six months, part of a criminal investigation into his alleged doctor shopping for prescription painkillers -- the records part of an open-court record.
But Limbaugh argues no one, not even investigators, have the right to pry into his medical history, found in documents seized in searches of doctors' offices. The admitted addict even read a statement from his lawyers, who called it a fishing expedition.
RUSH LIMBAUGH, RADIO TALK SHOW HOST: "He's being subjected to an invasion of privacy that no citizen of this republic should endure."
CANDIOTTI: But prosecutors need a judge's permission to look at Limbaugh's doctors' records. No one else can either. It's federal law.
KENNETH PADOWITZ, FORMER PROSECUTOR: They can't just go on a fishing expedition, but they have to show the court that this is going to be an important element in their investigation in proving or investigating criminal charges in Florida.
CANDIOTTI: Limbaugh's attorneys argue, a federal and state constitutional right to privacy outweighs investigators' right to pry.
(on camera): Limbaugh also argues his doctors aren't thrilled about treating him now that the state has seized all of his records. The battle over privacy now scheduled for a public court hearing Monday.
Susan Candiotti, CNN, Miami.
(END VIDEOTAPE)
COOPER: Well, unsealing personal prescription drug records raises sensitive legal and privacy issues, of course. Whose side is the judge likely to take on this crucial point? Joining us now from Miami, criminal defense attorney Jayne Weintraub.
Jayne, good to see you. Thanks for joining us this morning.
JAYNE WEINTRAUB, CRIMINAL DEFENSE ATTORNEY: Hi, Anderson. Good morning.
COOPER: My understanding is that all prosecutors really need to show is that the information in these files is relevant to an ongoing criminal investigation.
WEINTRAUB: Well, it's a two-prong test. Remember, Anderson, in Florida, we have not only a statutory right of an expectation of privacy of these records, we have a constitutional right in Florida. And so, it is a very important balancing test that the judge will have to weigh.
And the question really is going to come down to: What, if any, other lesser means -- less intrusive means into your privacy was available to law enforcement to gather the specific material they're seeking?
COOPER: And I suppose...
WEINTRAUB: If it's relevant...
COOPER: Well, prosecutors are saying, look, there were no other means. I mean...
WEINTRAUB: Well, but there were. There were. And the judge is going to know that. No. 1, they had a confidential informant. No. 2, they have Rush on tape, we've been told. We don't know what the particulars of the tape are. But I'm sure there's some kind of an admission.
But remember, too, that the laws were meant to get drug dealers, people who go into doctors' offices, get prescriptions, fill them and sell the pills on the street. That's not what's happening here.
Admittedly in the warrants, the law enforcement knew that Rush Limbaugh was an addict. He was suffering from horrible pain. So, it's not as if this man is going to go and peddle drugs on the street, and they know that.
COOPER: Does the law take that into account?
WEINTRAUB: Very rarely are these cases even ever prosecuted.
COOPER: Does the law take that into account? I mean, doctor shopping, I understand, is a third-degree felony. I think it's punishable up to something like five years in prison at the most.
WEINTRAUB: Five years, right.
COOPER: Does the law take into account whether or not Rush Limbaugh was planning to resell these drugs or not?
WEINTRAUB: Well, I think that the judge will take it into account whether or not these medical records are going to come into play I certainly do, because the law was not meant to target an addict. The law was meant to go -- you know, before you go in and get somebody's medical records, we want to promote people to go seek medical treatment. We don't want to dissuade people who might have a contagious disease that would affect the public welfare or health of our state or community from seeking medical treatment because they're afraid. Confidentiality of medical records have to trump. They're just too important.
COOPER: All right, let's assume for a moment prosecutors are able to get access to these records and they do show some level of doctor shopping is basically what they're looking for. What happens then?
WEINTRAUB: Well, the prosecutors have been very slow in taking their time, which was a very good thing for the defense here, and they're taking their time in really evaluating and looking at what, if any, charges will be filed. Whether or not a technical -- you know, technically crime has been committed, Anderson, does not mean that they will use their discretion and file the charges. They have the ability to use their discretion not to file the charges.
Normally, in these kinds of cases, if it's strictly for an addiction or personal use, these cases are diverted out of the system. And so, I don't see why they would do anything other than what they would normally do for Rush Limbaugh.
COOPER: All right, the hearing is later today. We'll be following it closely. Jayne Weintraub, thanks very much.
WEINTRAUB: Thank you, Anderson.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
