JUDGE GRANTS PROSECUTORS ACCESS TO LIMBAUGH'S MEDICAL RECORDS

Palm Beach County prosecutors can have access to Rush Limbaugh's seized
medical records to determine whether he violated state prescription laws, a
judge ruled Tuesday, in an investigation the conservative commentator
promptly called political payback on his national radio show.

Limbaugh's attorney, Roy Black, immediately moved to block the review of
the records, but the judge's order opened a window of time in which
prosecutors can go through the documents. It was not immediately clear
Tuesday whether they took advantage of that.

Black argued during an hourlong hearing Monday that prosecutors violated
Limbaugh's right to privacy by seizing the records with search warrants,
instead of following a state law that requires them to notify Limbaugh
first and give him a chance to fight it.

Palm Beach County Circuit Judge Jeffrey Winikoff sided with prosecutors,
ruling Tuesday morning they have a "compelling" interest in the records to
determine whether Limbaugh violated the state's "doctor shopping" law,
which prohibits someone from secretly seeking overlapping prescriptions.
Limbaugh has not been charged with any crimes.

On Monday, Black asked that Winikoff, if he were going to rule against him,
keep the medical records sealed until he could appeal. Assistant State
Attorney James Martz did not object.

Winikoff wrote in his ruling, "The state may unseal the medical records of
Mr. Limbaugh for the purposes of conducting a criminal investigation."

Then Winikoff invited Limbaugh's attorneys to file an additional motion on
whether he should stop prosecutors from reviewing the records while
Limbaugh appeals. Limbaugh's attorneys filed an emergency motion shortly
before 3 p.m. Tuesday asking Winikoff to seal the records again and also
filed a notice that they will take the issue to the 4th District Court of
Appeal in West Palm Beach.

West Palm Beach-based attorney Gregg Lerman, who is not involved in the
case, said the judge's order gave prosecutors the opportunity to begin
poring over the medical records.

"They have all day to go through the records," he said.

Winikoff's office answering machine said his office was closed through the
rest of the week for the holidays, and it was not known Tuesday whether he
would hear the emergency motion or another judge would take up the issue in
his absence. The filing of the notice of appeal and the emergency motion
did not block the prosecutors. That would require a court order.

Limbaugh opened his three-hour Tuesday radio show by talking about his case
for about 10 minutes. Near the end of that time, he said persistent media
leaks from the investigation were designed to tarnish his reputation, a
theme put forth by Black during Monday's hearing.

"My friends, it is, and has been, obvious to me for the longest time that
all these leaks were an attempt to try me in the court of public opinion,"
Limbaugh said, according to a transcript from his Web site.

"The Democrats in this country still cannot defeat me in the arena of
political ideas, and so now they are trying to do so in the court of public
opinion and the legal system. I guess it's payback time."

Prosecutors argued during Monday's hearing that Limbaugh's privacy was
protected because the records were seized under seal and had not yet been
examined. Martz told the judge that investigators were afraid the records
could be altered or destroyed if they notified Limbaugh first. The judge
ordered that the records not be disclosed to any outside parties without a
court order allowing it.

The records were seized from three Palm Beach County doctors and another in
Los Angeles in late November and early December. Limbaugh has admitted he
was addicted to prescription medications for back pain, and he recently
took a five-week leave of absence from his radio show for treatment. He
said Tuesday he is still undergoing treatment.

Black said in a statement he was confident the appeals court would find
that Limbaugh's privacy rights were violated.

"Mr. Limbaugh was not doctor shopping, and he should not have to sacrifice
his privacy to prove his innocence," Black said. "The burden is on the
prosecutor's office, not only to prove otherwise, but also to go through
the appropriate legal process that protects an individual's right to
privacy. We are confident we will prevail on appeal."

Palm Beach County State Attorney Barry Krischer, a Democrat, issued a short
statement noting that the judge found prosecutors "acted in good faith" in
seizing the records.

"This office has scrupulously protected Mr. Limbaugh's rights," Krischer
said. "Whether Mr. Limbaugh is subject to prosecution for any crimes is
still under investigation. Mr. Limbaugh is presumed innocent at this time."

In the motion asking Winikoff to reconsider his order, Black wrote that
once prosecutors have reviewed privileged information it would cause
Limbaugh to be "irreparably harmed."

The motion said Winikoff unsealed the records without first examining them
to determine whether all of them are relevant to the investigation, and
that it is clear the records contain information that is unrelated.

If prosecutors review the records and an appeals court later finds they
were improperly seized, that could cause problems in the case, Lerman said.

"I would say the danger would be if Rush Limbaugh wins on appeal and was
charged based on those records, they could suffer a dismissal," Lerman said.