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LOU DOBBS: In Florida, another high-profile case involving another celebrity, this one Rush Limbaugh. But after four months, prosecutors there have not filed a single charge against the radio talk show host.
Bill Tucker has the report from Florida.
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BILL TUCKER, CNN CORRESPONDENT (voice-over): The question about the number one personality in radio has become: Is Rush Limbaugh being fairly prosecuted or simply persecuted by the Palm Beach County prosecutor’s office?
ROY BLACK, LIMBAUGH’S ATTORNEY: I think there’s something about this case that has forced them or motivated them to act differently than in any other case. I mean there’s no question that he’s been singled out for investigation more than anyone else I’ve ever seen.
TUCKER: A charge denied by prosecutor Barry Krischer who says the Limbaugh case is being investigated like any other alleged crime. Yet some of the actions by the state attorney raise serious questions. RUSH LIMBAUGH, RADIO TALK-SHOW HOST: We have been informed that this afternoon the Palm Beach County state attorney’s office will announce that it has seized my medical records.
TUCKER: Under Florida law, attorneys for defendants are to be notified before not after medical records are seized.
And then there’s the prosecutor’s decision to release letters between its office and Limbaugh’s attorney discussing terms of a settlement. The prosecutor’s office says the release of those letters was OK’d by both the Florida Bar and the state attorney general’s office, but both groups say they did not give their approval.
BRUCE ROGOW, NOVA SOUTHEASTERN UNIVERSITY: I think what you’re seeing is this enormous attention because it is Rush Limbaugh and then the prosecutor, I think, not using good judgment in how he’s handled some of these matters.
TUCKER (on camera): The fate of Limbaugh’s medical records will be decide here at the Fourth District Court of Appeals, the same court which allowed the ACLU to file a friend of the court brief on behalf of Limbaugh.
(voice-over): The American Civil Liberties Union is concerned about the law and its protection of the privacy of medical records, but there is another concern.
HOWARD SIMON, EXECUTIVE DIRECTOR, ACLU OF FLORIDA: I guess one thing that bothers me about this case is why — you know, and, frankly, at least some suspicion as to whether or not the prosecutor is just after a highly visible national personality to put as a trophy on his mantelpiece.
TUCKER: And a trophy during an election year can be valuable.
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TUCKER: Now county prosecutor Barry Krischer is up for reelection this year. He’s a Democrat. And a profile of a tough prosecutor, not intimidated by the wealthy and powerful — Lou, that could play well with some of the voters.
DOBBS: It could also blow up if — with the ACLU supporting Rush Limbaugh in this case in basically saying it looks like a matter of partisan politics. Is there any sign that this is going to wind down and reach some conclusion?
TUCKER: No. If anything, it appears there is — some former prosecutors that I spoke with today, Lou, that suggested that maybe any delay would work in Krischer’s favor and he could probably favorably resolve this in Rush’s favor after the election happens, but he’d like to delay it.
DOBBS: Justice delayed, I guess, we could style that.
Bill Tucker, thank you very much.
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