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Noelle Bush Case Tests Privilege

The Miami Herald reports today that the crack cocaine case pending against Noelle Bush will be a test case in Florida on the issue of drug therapist/patient privilege:

"Eight months after Gov. Jeb Bush begged for the public to respect his daughter's privacy as she grappled with a longtime addiction, Noelle has emerged as the central player in a legal drama more befitting the pages of a law review than The National Enquirer."

"In an Orlando courtroom, a judge will decide this week whether employees of the drug treatment center will have to testify against Bush and help prosecutors put her in prison on felony charges of possessing crack cocaine."

"The case, lawyers on both sides say, marks the first time a judge has been asked whether federal rules guaranteeing confidentiality for drug rehab patients apply when a patient is caught breaking the law during treatment."

"Underlying the case is another simmering question that may never be answered but could haunt the governor as he runs for reelection: Is Noelle Bush enjoying favored treatment? Or, as her lawyer maintains, is she being targeted because she is American ``royalty''?"

"The Orange-Osceola state attorney's office has issued subpoenas for the employees at the Center for Drug-Free Living who were involved in discovering the crack."

"But the center's lawyers are fighting the subpoenas, citing a little-known federal confidentiality regulation that they say prevents the staff from testifying against a patient."

Noelle Bush will be in Court again Friday.

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