A Florida state appeals court has ruled that Rush Limbaugh's records were properly seized.

Investigators raided the offices of Limbaugh's doctors seeking information on whether the conservative commentator illegally tried to buy prescription painkillers. Limbaugh, 53, has not been charged with a crime and the investigation had been at a standstill pending a decision on the medical records. "We hold that the constitutional right of privacy in medical records is not implicated by the State's seizure and review of medical records under a valid search warrant without prior notice or hearing," the 4th District Court of Appeal ruled. Chief Judge Gary M. Farmer wrote the opinion.

Is Rush being treated differently than other celebrity drug users who usually slip away into treatment without the cops all over them? It's hard to work up a lot of sympathy or righteous indignation for him or his predicament. On the other hand, I totally support his legal position. Background here and here.

The execution of Edward Green went forward tonight. For those that don't believe there's a problem with the mix of lethal drugs administered, here's how it went for Mr. Green:

As the lethal drugs began taking effect, Green wheeze and grimaced. He said something unintelligible and gasped. Ten minute later at 8:21 p.m. CDT, he was pronounced dead.

Green's mother sobbed uncontrollably as she watched her son die. She collapsed and had to be assisted from the room. A second witness was placed in a wheelchair briefly.

His attorneys lost a last appeal to stay his execution pending a review of 280 newly discovered misplaced boxes of evidence. Despite requests for a moratorium on Harris County executions from the police chief and a state senator, Texas Governor Perry refused to issue one. Here's some background on the Houston lab scandal.

John Kerry is concerned about wrongful convictions and the possibility for error in our capital defense system. He has suported a moratorium on federal death penalties if elected. Here's more on his position on the death penalty:

Today, Ernest Willis, age 59, was ordered released from a Texas prison after serving 17 years for a crime he did not commit. Faulty arson investigation techniques may have contributed to Willis' conviction.

Ori White, district attorney in Pecos County since 1997, said Tuesday that there were strong indications the fire was an accident. There was no motive in the case, and a close relative of Willis' was barely able to escape the burning home. Even if a crime was involved, White said, "I don't think the man is guilty."

Willis is the 8th Texas prisoner to be released from death row since the death penalty was reinstated in 1974. Here's more on his case.

On October 27, 2003, the U.S. Senate unanimously passed S. 1194, the Mentally Ill Offender Treatment and Crime Reduction Act of 2003. The Act was introduced by Senator Mike DeWine (R-OH) and would be a good start towards ensuring that mentally ill offenders receive the proper treatment they need with grants designed to create community based treatment programs and other services.

The bill has now been scheduled to reach the floor of the House of Representatives on Wednesday, October 6. There appears to be great bipartisan support for the bill but under the rules the House is following, the bill will need a two-thirds majority in order to pass.

Please contact your Representative ASAP and ask him orher to vote for S. 1194, the Mentally Ill Offender Treatment and Crime Reduction Act of 2003. If you don't know your Representative's phone number, call the Capitol Switchboard at 202-224-3121 and asked to be connected to his or her office.

[source: e-mail from the U.S. Conference of Catholic Bishops.]

Here is Sen. Leahy's statement on why the bill will reduce crime. AFSCME, the the American Federation of State, County and Municipal Employees, also strongly endorses the bill.

You can read the transcript of the debate here. The New York Times fact checks here.

Update: Houston Chronicle (Bush country):
10:40 pm, 6025 votes
Vice President Dick Cheney: 11%
Sen. John Edwards: 88%
It was a draw: 1%
Total Votes: 6025

Update: 9:15 pm, MSNBC poll:

Who won the debate? 323145 responses

Sen. John Edwards 71%
VP Dick Cheney 29%

CBS:CBS News tracked the reactions to tonight's vice-presidential debate of a nationwide panel of 169 uncommitted voters - voters who could change their minds before Election Day. Here are the initial results. This scientific poll has a margin of error of plus or minus 7 percentage points:

• By 41% to 29%, uncommitted debate watchers say Edwards won the debate tonight.

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Original Post

Here's why I can't watch the early spin. They are on another planet. C-SpanII went to MSNBC and Chris Matthews who immediately proclaimed Cheney the winner. What? Cheney was dour, insulting, arrogant and rigid in his misguided positions. He can't admit the Administration's mistakes. Or his own flip-flops.

There can be a fine line between experience and "set in your ways". Like I said last night, if Dick Gephardt was your father's Oldsmobile, Dick Cheney is your grandfather's model T.

I don't think voters will buy Cheney's shtick. Particularly younger ones.

More reaction:

More Cheney dissembling...tonight he said he never connected Iraq and 9/11. Here's what he said on Meet the Press (NBC) just a year ago (9/14/03):

Cheney: "If we're successful in Iraq, if we can stand up a good representative government in Iraq, that secures the region so that it never again becomes a threat to its neighbors or to the United States, so it's not pursuing weapons of mass destruction, so that it's not a safe haven for terrorists, now we will have struck a major blow right at the heart of the base, if you will, the geographic base of the terrorists who have had us under assault now for many years, but most especially on 9/11."

Update:

Cheney never met Edwards in the Senate? Or before tonight? Maybe he has the beginnings of dementia.:

January 08, 2003
WASHINGTON -- Republican Elizabeth Dole, sworn in as North Carolina's newest senator Tuesday, pledged to work with lawmakers of both parties to strengthen national defense, boost the economy, reform health care and address farming issues crucial to North Carolinians. Dole had her grandmother's Bible as she was sworn in on the Senate floor. She raised her right hand and took the oath administered by Vice President Dick Cheney, the Senate president.

Per Senate tradition, Sen. John Edwards, D-N.C., escorted her. Her husband, former Senate majority leader and GOP presidential candidate Bob Dole, also was by her side.

Here'sanother time they met-- same picture as above but larger of the two together:

Cheney Thanked Edwards At the National Prayer Breakfast. Addressing the National Prayer Breakast, Cheney said: “Thank you. Thank you very much. Congressman Watts, Senator Edwards, friends from across America and distinguished visitors to our country from all over the world, Lynne and I honored to be with you all this morning.” [FDCH Political Transcripts, Cheney Remarks at the National Prayer Breakfast, 2/1/01]

Cheney's debate statement:

Scowls and growls vs. hope and optimism.

The past is filled with mistakes that Cheney and Bush still refuse to acknowledge--on both Iraq and the economy. Kerry and Edwards see what's wrong and have a plan to fix it.

Do you want more of the same or a fresh start? Go Kerry-Edwards.

No Republican draft? Not according to Colonel David Hackworth:

Although Pentagon puff artists insist they’re making quota, recruiters are already saying it would be easier to find $100 bills on the sidewalk outside a homeless shelter than fill their enlistment quotas, even with the huge bonuses now being paid.

So the draft – which will include both boys and girls this time around – is a no-brainer in ‘05 and ‘06.

[link via America Blog]

Update: New York Times reports on Bush's attempt to spin the spin.

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Check out this missive Bush Campaign director Ken Mehlman sent out to Republican supporters today, urging them to check into the Bush-Cheney website for talking points and vote in all the online polls.

Two can play that game. Here's the polls, go vote for Edwards when the debate is over.

MSNBC.com
FoxNews.com
ABCNews.com
CNN.com

The spin won't stop there. The message continues:

Call Talk Radio shows in your area. Write letters to the editors of your local papers. Visit Chat rooms on AOL, MSN, and Yahoo!
Send this message to 5 friends using the form at the bottom of this page. Beyond tonight, you should return to these forums in the coming days and make your voice heard and your support for the PresidentJohn Kerry known.

If someone asks you a question about the President John Kerry, direct them to the campaign's website. It has lots of information on Kerry's plans for America.

Republicans killed Charlie Rangel's draft bill today. Not that it had a snowball's chance in h*ll of passing, but they wanted to try and prove to voters that Bush will do no such thing.

Apples and oranges. No one suggested Bush would support Rangel's bill. Killing Rangel's bill has zero effect on whether Bush will decide, if reelected, to introduce a new draft bill. As Rep. John Conyers (D-MI) said today:

Rep. John Conyers, a Michigan Democrat, countered that Bush's Iraq policies have so strained U.S. forces, that a draft was possible no matter how unpopular it would be. "Guess what, we're running out of troops ... Let's not be astounded that what follows is a draft. The only problem is that you can't announce it until after the election," Conyers said."

The notion that Republicans oppose a draft while Democrats support it is false. It's not a Democrat/Republican issue. After 9/11, Republicans Nick Smith (MI) and Curt Weldon (PA) introduced the "Universal Military Training and Service Act of 2001", H.R. 3598, in the House of Representatives. Like Rangel's bill (H.R. 183)and its Senate counterpart (S. 89) which were introduced on January 7, 2003, it was referred to the Committee on Armed Services.

As we reported here, the bill called for a re-activation of the draft and was covered by the media.