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Trump: I may file counter-charges if Lewandowski is prosecuted
Hotair ^ | 03/30/2016 | Ed Morrissey

Posted on 03/30/2016 8:17:27 AM PDT by SeekAndFind

If the campaign for the Republican presidential campaign can be likened to a circus, then the legal eruption over alleged battery by Donald Trump’s campaign manager promises the possibility that the circus might get franchised. Corey Lewandowski surrendered to police in Jupiter, Florida on Monday after they charged him with simple battery on reporter Michelle Fields. At the same time, they released overhead video that belies the public denials from Lewandowski that Fields was “delusional” and Trump’s assertion that nothing happened.

Under normal circumstances, a candidate would issue an apology and fire the campaign manager. Instead, Trump told Good Morning America that he might file simple battery charges against Fields for touching him too:

CLICK ABOVE LINK FOR THE VIDEO


ABC Breaking News | Latest News Videos

Donald Trump says he is considering legal action in response to a recent battery charge against campaign manager Corey Lewandowski.

“Frankly, this is not a claim that should have been made,” Trump told ABC News’ David Muir on “Good Morning America.”

Lewandowski was arrested on Tuesday morning for allegedly grabbing former Breitbart reporter Michelle Fields following a Trump event earlier this month. Trump dismissed the incident as “very minor,” saying that “she was hardly even touched” and “practically nothing happened.”

“I’m sure there will be a counter-claim coming down the line,” Trump added. “Should I file charges against her because she touched my arm as well?”

Let’s start with the basics. Simple battery is defined in the same Florida statute that also defines felony battery:

784.03 Battery; felony battery.—
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

Battery consists of physical contact intentionally applied “against the will of the other.” That’s a pretty broad description, but it does have legal and practical limits on interpretation. “Battery” does not cover someone moving into a person’s personal space alone, and it seems very doubtful that police would consider a reporter’s tap on the arm to ask a question of a candidate to qualify. There has to be evidence of demonstrable contact that clearly conflicts with the other’s will — like someone lunging forward to grab and impede a person’s progress. The video shows a pretty clear indication of that with Lewandowski, but nothing even close from Fields in regard to Trump. Furthermore, a “counter-claim” would involve a charge from Lewandowski, not Trump, and Fields wasn’t close to Lewandowski in the video until he reached out and grabbed her.

Still, anyone can file a report with the police department. The prospect of a presidential candidate walking into the Jupiter police station to complain that a reporter tapped him on the arm would be just one more signpost along the way to this cycle’s Twilight Zone, and in any other cycle would make the candidate a laughingstock. Isn’t the Trump raison d’être his supposed toughness?

Update: Gary Gross provides a frame-by-frame analysis of the tape, and does not see much of a case for a Trump complaint.


TOPICS: Culture/Society; News/Current Events; Politics/Elections
KEYWORDS: lewandowski; michelefields; trump
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1 posted on 03/30/2016 8:17:27 AM PDT by SeekAndFind
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To: SeekAndFind

yep a true leader. lol

more like a narcissistic rich boy who can’t handle anyone disagreeing with him.


2 posted on 03/30/2016 8:18:58 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

Unhinged and making false accusations is the Cruz way.


3 posted on 03/30/2016 8:20:47 AM PDT by Just mythoughts (Jesus said Luke 17:32 Remember Lot's wife.)
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To: SeekAndFind
"The prospect of a presidential candidate walking into the Jupiter police station to complain that a reporter tapped him on the arm would be just one more signpost along the way to this cycle’s Twilight Zone, and in any other cycle would make the candidate a laughingstock. Isn’t the Trump raison d’être his supposed toughness?"

Personally, I think toughness would be hitting back when a hyper-partisan unethical prosecutor files a frivolous charge against one of your top campaign people in a blatant act of political spite. File away Trump.

4 posted on 03/30/2016 8:21:19 AM PDT by circlecity
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To: SeekAndFind

I have watched that “new” video too many times.

But I cannot see clearly any details of the alleged grabbing.

Does anyone here see it?

Are there any sources on the web that show it clearly?

Beyond a reasonable doubt?


5 posted on 03/30/2016 8:21:41 AM PDT by Iron Munro (Noah: 'When the animals began to pair up by specie and stand in line, I really took notice.')
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To: SeekAndFind

Where does prosecution end and using the law for frivolous harassment being?


6 posted on 03/30/2016 8:23:22 AM PDT by baltimorepoet
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To: SeekAndFind

The difference here is that there was a Security line that involes United States Secret Service..idiot reporter breached it..was told twice to stand down by Secret Service...three people reached toward her.

Trump has a case.


7 posted on 03/30/2016 8:24:15 AM PDT by RummyChick
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To: SeekAndFind

Please note that the Hot Air site has absolutely died since Ed switched to a facebook commenting system to chase away all the conservatives. They are not even getting a quarter of the comments they used to. Most threads struggle to get more than 10 comments. They used to average over 100.


8 posted on 03/30/2016 8:24:30 AM PDT by circlecity
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To: SeekAndFind
Michelle fields? Please!


9 posted on 03/30/2016 8:24:31 AM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: SeekAndFind

there we go......presstitute to jail, federal jail


10 posted on 03/30/2016 8:25:03 AM PDT by bert ((K.E.; N.P.; GOPc;+12, 73, ....carson is the kinder gentler trump.)
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To: SeekAndFind

What was the name of that dipsh*t prosecutor who went after the Duke La Crosse team?


11 posted on 03/30/2016 8:25:11 AM PDT by Hostage (ARTICLE V)
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To: SeekAndFind

The tape clearly shows that Fields grabbed Trump’s arm first. In fact you can see Trump looking down at his arm with an expression that seems to say, “Who the hell grabbed my arm”?

This was before Lewandowski reached over and touched Fields.


12 posted on 03/30/2016 8:25:51 AM PDT by Signalman
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To: driftdiver

Yaaaaawn.

Anyone with common sense (I know, I know, that excludes most Cruz supporters) can tell this isn’t battery, or assault, or anything other than a reporter pushing her limits and being brushed aside.

But cling to whatever you can, pal. Waste everyone’s time. I feel sorry for you.


13 posted on 03/30/2016 8:25:55 AM PDT by ConservativeWarrior (Fall down 7 times, stand up 8. - Japanese proverb)
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To: circlecity

14 posted on 03/30/2016 8:26:00 AM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: SeekAndFind

15 posted on 03/30/2016 8:26:05 AM PDT by McGruff (We don't need another JFK)
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To: driftdiver

“...more like a narcissistic rich boy who can’t handle anyone disagreeing with him.”

I’ve watched the videos of this alleged incident and have to disagree with you on this. If there is a prosecution it will be nothing more than political harassment.

How many of us have bosses who would stand up for us in a situation like this? Apparently no one who works for Ted Cruz does.


16 posted on 03/30/2016 8:26:12 AM PDT by Junk Silver
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To: Hostage

Mike Nifong.


17 posted on 03/30/2016 8:26:14 AM PDT by nesnah (Liberals - the petulant children of politics)
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To: SeekAndFind

I give him credit. At least he said that in person instead of tweeting it. Not that I take him seriously, but it’s a change of pace for sure.


18 posted on 03/30/2016 8:26:17 AM PDT by Durbin
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To: SeekAndFind

Yes she violated federal law also regarding the secret service. Plus the whole case is bs total nonsense.


19 posted on 03/30/2016 8:26:37 AM PDT by Williams (Dear God, please save us from the Democrats. And the Republicans.)
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To: SeekAndFind

Gotta like Trump’s loyalty.


20 posted on 03/30/2016 8:27:00 AM PDT by Senator Goldwater
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