RUSH LIMBAUGH GAINS UNLIKELY ALLY IN PRIVACY BATTLE -- THE ACLU

Conservative radio commentator Rush Limbaugh got a birthday present
Monday from an unlikely new friend -- the American Civil Liberties
Union.

The ACLU wants to join the fray in Limbaugh's right-to-privacy battle
with Palm Beach County prosecutors over his medical records, which
were seized a month ago from four doctors as part of an investigation
into Limbaugh's prescription drug use.

Prosecutors, meanwhile, filed Monday to dismiss the appeal.

The ACLU asked permission of the Fourth District Court of Appeal in
West Palm Beach to file a friend-of-the-court brief in Limbaugh's
appeal of a judge's order giving prosecutors permission to review the
medical records. Limbaugh refers to the ACLU derisively, usually as a
champion of liberal causes, during his radio programs.

"It may seem odd that the ACLU has come to the defense of Rush
Limbaugh," ACLU of Florida Executive Director Howard Simon said in a
statement. ``But we have always said that the ACLU's real client is
the Bill of Rights and we will continue to safeguard the values of
equality, fairness and privacy for everyone, regardless of race,
economic status or political point of view."

On Monday's radio show, Limbaugh said he welcomed the ACLU's backing
and joked that his producer was "hyperventilating" over the prospect.
Limbaugh has not been charged with any crimes.

Simon said the group wants to join the battle over the medical records
because the issue affects every resident of the state. Limbaugh's
attorneys argue that prosecutors seized the records without following
Florida law, which allows prosecutors to seize someone's medical
records after notifying the person, who then can contest it in court.
In Limbaugh's case, the records were seized with search warrants and
sealed. Then Limbaugh's attorneys were notified, and they asked for a
court hearing.

Prosecutors argued there was precedent in Florida law for seizing the
records with the warrants, and they contend no harm was done. Palm
Beach County Judge Jeffrey Winikoff agreed, and he opened the records
to prosecutors for one day in late December, before resealing them to
give Limbaugh's attorneys time to appeal.

Winikoff has ordered that the records remain sealed through Jan. 23.
Limbaugh's attorneys are asking the appeals court to keep them sealed
while it takes up the larger issue of whether prosecutors are entitled
to the records.

Prosecutors filed two briefs with the appeals court Monday. One
opposes sealing the records beyond Jan. 23, and the other seeks to
have the appeal thrown out on technical grounds. Prosecutors argued
that further delays would hurt their investigation.

Limbaugh, who turned 53 on Monday, checked into a rehabilitation
program in October for a month after admitting he was addicted to
prescription narcotics he said he took for chronic back pain.