Circuit Judge David Crow listened to arguments Thursday regarding whether Florida Law allows for investigators to question Rush Limbaugh's doctors and other medical professionals.
You can bet that if Rush loses in the Florida court and gets indicted and convicted, he will appeal all the way to the Supreme Court. One would think that a potential defendant before the Supreme Court would not want a judge like Sam Alito deciding his case. He is just not defendant-friendly. Rush doesn't get it. He loves Alito. Rush was positively euphoric when he was appointed:
This is fabulous. We’ve got a male. We have a married male. He’s European. He is anathema to the libs on this, folks. He is anathema to them. The exact opposite of what they were hoping for, and this is fabulous.
Here's Rush on November 1:
LIMBAUGH: You notice how wishy-washy these Dems are on prosecutors? Prosecutor comes along and indicts Scooter Libby, they love! Why, that's "a prosecutor's prosecutor." Now all of a sudden here's Alito, who the Democrats have voted for a hundred to zip twice in the U.S. Senate. He's a lousy prosecutor! Now they're going after -- "Maybe he's got mob ties." That's the purpose of the document. "Maybe he's got mob ties. Alito? Scalito? Lucchese? Maybe he let these guys off, maybe he didn't try them; maybe he's got mob ties." I mean, let this stuff flow from their lips, folks. Let it just keep flowing.
Rush needs to get a clue. Alito likes the First Amendment, except when applied to prisoners' rights. He has no use for the Fourth Amendment which governs searches, like those of Rush's medical records, or the Sixth Amendment which provides the right to a fair trial or the Fifth Amendment right not to be compelled to be a witness against oneself.
Rush's lawyer argued in court:
But Limbaugh attorney Roy Black said all the communications and records fall under doctor/patient privilege."The fact that the state wants to prove the elements of a crime is not a waiver," Black said. "In fact it's more reason to have a privilege. They cannot force Mr. Limbaugh to supply their evidence for them . . . Every person who comes in and wants to get out from behind privilege can make a claim of necessity. But privilege trumps that."
Before Rush spouts off his praise for Alito, he ought to do a little research about how Alito has ruled in privilege cases involving defendants, their lawyers and doctors. If he were smart, he'd withhold his praise for Alito until he knew Alito was a brother on this issue. He probably hasn't given it one thought. As Forrest Gump would say, Stupid is as stupid does.