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Discussion in 'Politics and News' started by dahunan, Oct 23, 2003.
It sounds like all of those people are convicted distributors, not users. Therefore, the charges would be much different. Correct me if I am wrong...
Quanity usually determins the crimminals status not intent. Rush is said to have had over 2500 pills certainly seems possible to be charged with distribution.
Its going to be extremely impossible to charge Rush, for any crimes. The emails, tape recordings are NOT admissible in court, infact the tape recordings are ILLEGAL under Florida law. They also did not catch him with thousands of pills, so it would be impossible to charge Rush with distribution, they cant even bust him for possesion, because they have never caught him with OxyContin. The best they can try and tag him with it conspiracy, but thats a long stretch.
Rush wont be charged, and its not because of his name or anything. He wont be charged because they dont have sufficent evidence to charge him, if they did he would have been charged two years ago, or when the distributors were busted by the investigation.
All they have is his public admission to his addiction to perscription medication, which isnt admitting he committed any crimes people have alleged, and inadmissble evidence(alleged emails, and illegal tape recordings). Not enough for an indictment let alone a conviction.
Yes but in order to be charged with distribution, they have catch you with those 2500 pills. They have never caught Rush with 1 illegal pill let alone 2500. All they have are two illegal tape recordings and alleged emails, both of which are not admissible in court.
Unless they catch Rush with OxyContin they cant charge him with possession OR distribution. Its that simple. The best they can try and get him with is conspiracy, and thats a bit of a stretch. The investigation has allegedly been ongoing for 2 years, they caught the distributors, hell his maid committed more crimes than Rush did.
His maid committed, based on her statements
Several counts of having perscription drugs without a perscription
Several counts of Distribution, she admitted to buying and selling the drugs to Rush
Two counts of illegally recording conversations
Rush hasnt admitted guilt in anything.
To take Rush down, and not the maid is quite a stupid notion.
Best guess is, neither the maid nor Rush are ever charged with anything. They got the people behind the drug ring, thats all the really matters.
Florida is a very good state to be a crimminal. No property seizures allowed (OJ moved there to protect his assests) very restrictive entrapment clauses etc... I agree no way Rush will do time. I hope no one should have to though for drugs. Makes the dealers rich and the tax payers poor.
I don't care for Rush's politics or his approach, but drug addicts need treatment not incarceration. Perhaps one of the unintended side effects of this will be a softening in attitudes about what to do about illegal drug usage. Our federal and state prisons are full of users, not the big boys, who usually escape. Our national drug policy is terrible, IMHO.
"Said to have" is very different from being busted "with."
IMO, from the very incomplete information out there, Rushs greatest problem is that he may have paid a domestic to get them for him. If true, that would be a felony. Those sorts of charges are most likely to bring the harshest penalties. Most likely a judge would not take a positive view of an employeer who used a hired worker to commit an illegal act in order to avoid exposure. Again, this has yet to be demonstrated, but damning if true.
They dont have enough proof thats admissable in court.
Neither you nor I know that. It remains to been seen.
they didnt catch him with it, so he cant go to jail.
So if you shoot someone, they cant convict you if you do not have the gun?
We'll see about that, they certainly do have the domestic servant's potential testimony in court at the very least. There certainly could be additional evidence that the domestic servant kept that is both admissible in court and incriminating. Obviously we don't know what addtional evidence investigators could have gathered.
Obviously Rush would take the 5th in court but the maid has records (beyond her recordings) that are admissible in court. In addition, there's her testimony. It's not exactly a she-said, he-said b/c her records would back her up plus who ya gonna believe . . . loyal domestic or drug addict (thrice failed rehab)?
As for our criminal justice system, it sux. Our jails are filled with low level criminals while "tough on crime" idiots in government (and on the radio) talk about the deterrent effect of "truth in sentencing". If they really believe it maybe Rush should be put away for 5-10.
They should make an example outta the fat bastard.
Yes and the severant its a good witness. Not quite. She may have gotten immunity for the illegal actions she took by buying and selling drugs. She will however have to face charges on two counts of felony for the illegal recordings she made.
What I am saying is they DO NOT have the proof of distribution. They would actually have to prove he was distributing. And that they can not. They have no proof of possesion.
You can prove distribution without possession, however its alot more difficult to prove possession. You can say he was distributing because he allegedly bought 10000 pills, even with proof he bought 10000+ pills, they would need to have proof he sold them to someone else because they dont have said pills.
Its been over 2 years, according to all reports, its highly unlikely the servent still has other evidence. Its also highly unlikely they will bring charges against either.
Hes not going to get charged. Face it you lefties, theres no actual proof of him having the drugs since they did not catch him withit nor did they catch it in his system. They have his maid words, alleged emails, and two tape recordings. The maids testimony would be torn to shreds, and the emails and tape recordings would be ruled inadmissible. Unless they have more, which isnt likely, hes not going to be convicted. Not once did they search his house. Something you would think they'd do in 2+ years of "investigating" him. Oh thats right they were really investigating him, they were investigating the drug ring.
Actually no the emails would not be inadmissible, and she should be a convicted felon for the two illegal recordings. They arent going after Rush because
1. shes not a good witness
2. her records are hearsay
3. the recordings are illegal
4. the emails are inadmissible
5. When it comes down to it, it is he said she said. Shes says he forced her buy the drugs for him. Thats going to be hard to prove, and if they dont, they have no evidence.
They never ONCE raided his house.
They have no proof of distribution, there is no proof of possession, and its going to be extremely hard to prove conspiracy to buy and sell narcotics.
Someone made an anology to murder. This is a bit different. Actually a lot different. There is no phsyical evidence in this case, all they have is circumstantial and inadmissible evidence, and a less than credible witness. In a murder cases where there are convictions 99% of them have physical evidence. And since they never raided his house, there is no physical proof of possesion or distribution.
Hes not going to be charged.