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Heilemann: What Does Lewandowski Have to Prove, To Prove His Innocence?
NewsBusters ^ | Mark Finkelstein

Posted on 03/29/2016 4:03:31 PM PDT by governsleastgovernsbest

Imagine that a senior Hillary aide--not to mention Hillary herself--were indicted over the email scandal. In a million years, could you imagine John Heilemann asking what such person would have to do to prove his or her innocence? Neither could I. But on today's With All Due Respect, Heilemann asked a Florida criminal defense attorney [not Lewandowski's lawyer]: "What is the legal standard? What does Corey Lewandowski have to prove, to prove his innocence?"

Attorney Whitney Boan politely pointed out that under the Constitution, Lewandowski doesn't have to prove or disprove anything, and that to the contrary the burden is on the State of Florida to prove the charge "beyond a reasonable doubt." Heilemann was appropriately contrite, saying "you're right to call me on having gotten that thing backwards, and thank you for doing that." But the presumption of innocence is ninth-grade civics stuff. That Heilemann would have ever asked such a question in the first place suggests some serious bias.

View the video here.

(Excerpt) Read more at newsbusters.org ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; Politics/Elections
KEYWORDS: coreylewandowski; donaldtrump; johnheilemann; lewandowski; presumptioninnocence
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1 posted on 03/29/2016 4:03:31 PM PDT by governsleastgovernsbest
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To: GOPJ; ColdOne; AmericanCheeseFood; netmilsmom; Behind Liberal Lines; Miss Marple; ...

Did Heilemann never take ninth-grade civics, or is this just a case of his bias blotting it out?

Ping to Liberal Media Criticism list.


2 posted on 03/29/2016 4:04:43 PM PDT by governsleastgovernsbest (FReepmail or ping me to be put on my ping list for criticism of liberal media)
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To: governsleastgovernsbest

That lawyer was great. She put John in his place.


3 posted on 03/29/2016 4:04:43 PM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: governsleastgovernsbest

The prosecution must prove beyond a reasonable doubt the elements of the following statute under which the charge was made.

F.S. 784.03(1)(A)(1) provides in relevant part that “The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other...”


4 posted on 03/29/2016 4:08:07 PM PDT by peyton randolph (When the Uniparty selects candidates for both wings, there is no choice.)
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To: CaptainK

..Heilemann: What Does Lewandowski Have to Prove, To Prove His Innocence?...

The way it works is that he doesn’t have to provide anything. This is not Napoleonic law. The prosecutor must prove he is guilty beyond a reasonable doubt. If not, he walks.


5 posted on 03/29/2016 4:09:09 PM PDT by Sasparilla (Hillary for Prosecution 2016)
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To: peyton randolph

In this case there is so much wiggle room that it is absurd.


6 posted on 03/29/2016 4:09:32 PM PDT by GilGil
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To: Sasparilla

The attorney also called it De Minimus touching as opposed to battery.


7 posted on 03/29/2016 4:10:59 PM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: governsleastgovernsbest
Donald J. Trump ‏@realDonaldTrump
4h4 hours ago

Why is this reporter touching me as I leave news conference? What is in her hand??


8 posted on 03/29/2016 4:11:17 PM PDT by newfreep
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To: governsleastgovernsbest
Donald J. Trump ‏@realDonaldTrump
4h4 hours ago

This was the reporters statement- when she found out there was tape from my facility, she changed her tune.


9 posted on 03/29/2016 4:12:45 PM PDT by newfreep
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To: newfreep

By her standard, she battered Trump. That should be a serious charge for someone under Secret Service protection.

I can’t believe the dishonest conservatives and republicans who are acting like Lewandowski assaulted the woman.

No scream, no holding her arm from the pain of the attack, no jerky or sudden movements from her.

F’d up.


10 posted on 03/29/2016 4:15:18 PM PDT by No Socialist
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To: No Socialist
Bill Mitchell ‏@mitchellvii
4h4 hours ago

Prosecutor who charged Corey with battery member of Clinton's "FL Leadership Council" - why am I not surprised?

http://dcwhispers.com/democrat-florida-prosecutor-charges-trump-campaign-manager-assault/

11 posted on 03/29/2016 4:27:14 PM PDT by newfreep
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To: governsleastgovernsbest
I can't tell from the video if Lewandowski grabbed her left arm while he pushed through the crowd or if she backhanded him with it. I would think the latter unlikely.

But if he grabbed her arm, why didn't she sucker punch him with her phone?

We know what happened in Trump rallies. Show the vid of Bernie pushing his wife away (not violently but rudely) and telling her not to stand by him.

12 posted on 03/29/2016 4:27:39 PM PDT by Aliska ("No bank is too big to fail, and no executive is too powerful to jail." HRC 1/24/16)
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To: No Socialist

I can’t believe dishonest conservatives and Republicans are acting like Cruz is guilty of adultery with no proof. It’s crazy isn’t it? Someone should be presumed innocent until there is proof.


13 posted on 03/29/2016 4:28:47 PM PDT by Elyse (I refuse to feed the crocodile.)
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To: newfreep

Maybe Clinton is more concerned about Trump than she lets on. Meanwhile that crook is walking free and running for President.


14 posted on 03/29/2016 4:29:40 PM PDT by No Socialist
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To: GilGil

Should be easy to establish the elements of the offense with the video and eyewitness testimony.

If Lewandowski contests the charge, his best strategy is to argue defense of others (similar to self-defense). In essence, he’d argue that there was a reasonable perceived threat of harm to Trump by Fields.


15 posted on 03/29/2016 4:31:23 PM PDT by peyton randolph (When the Uniparty selects candidates for both wings, there is no choice.)
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To: No Socialist

Hellry fears Trump because...

1. Trump can beat her
2. If Hellry loses, she is free to go to prison


16 posted on 03/29/2016 4:32:43 PM PDT by newfreep
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To: No Socialist

My impression is that this is the sort of thing that happens when a good looking woman is placed in a group of nerds like Ben Terris, Jamie Weinstein, Ben Shapiro etc., etc. who look like they would be at home at a star trek convention. She gets a very minor bruise that could have occurred anywhere and the geeks are quitting their jobs, throwing hissy fits and totally over-reacting.


17 posted on 03/29/2016 4:34:14 PM PDT by purplelobster
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To: governsleastgovernsbest

Lying “I never touched her” Lewandowski IS SO SCREWED. The video is irrefutable damning evidence of him grabbing her arm and pulling her hard away. The is zero doubt he did do that. And no jury would ever believe she gave consent to have the thug bully pull her arm like that.


18 posted on 03/29/2016 4:34:16 PM PDT by AmericaUnited
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To: peyton randolph

Yes battery is touching another against their will. Sounds simple and absolute.

Now let’s explore that a little more. A burglar enters your house at night you shove them out the door. It’s against their will, but did you commit a battery?

Your child throws a tantrum and you grab them and take them to their room. You certainly can batter a child but is that battery?

You are at a crowded concert thousands are pushing and shoving, you don’t like it you even complain, but are thousands of batteries taking place?

You are about to punch someone and a police officer grabs you, it’s against your will, the statute doesn’t mention police officers, was it battery?

At the supermarket someone bumps into you with their shopping cart. Battery?

You help a child out of a ditch and they and their mom both kiss you unexpectedly. Battery?

You’re a reporter crowding around a candidate, other reporters push you out of the way to get closer. Did they commit criminal battery against you?

-— Obviously there is more to the battery statute and prosecutions than the wording of the statute. There are defenses, and justifications, and a concept called de minimis (minor) infractions.

That is why every time someone touches someone else it’s not a battery and it’s not charged.

Last example, a fat person sits next to you on the train, pushing into your space and leaning against you? Battery?

Circumstances folks.


19 posted on 03/29/2016 4:37:12 PM PDT by Williams (Dear God, please save us from the Democrats. And the Republicans.)
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To: Elyse

Maybe there is exonerating cruz video out there.


20 posted on 03/29/2016 4:39:07 PM PDT by No Socialist
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