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:
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.
You nailed it Hotair.com has went down the drain.
You do realize that Trump said this to emphasize how stupid her suit is, don't you? He's trying to point out the absurdity of the entire thing. I guess it's just too nuanced for ya.
Sure, which is why you don’t go around grabbing people. How friggen hard is that to understand?
Seriously, if you’re a campaign manager you need to be careful.
Corey is making is boss look far worse than that microphone guy did at that one speech. You all wanted the microphone guy fired.
And that will end up with either Trump or his lawyer in jail for attempted witness intimidation.
Go For it.
Trump Needs to shut his pie hole and let the legal system work thru this.
What a BS Spin. The video shows that NOTHING did happen. It's something that happens every single day with this campaign. It's something that happens every single day with crowd control. It's something that happens every single day with a famous person in crowd. NOBODY would remember this happening because it's a big nothing. To spin it like Trump and Lewandowski are lying is so low and despicable that there are no words that describe it adequately.
Go online. Look at every video of crowd control. Look at how many are touched, grabbed or yanked. It happens ALL the time. It's a non-issue. Are you so dishonest that you can't see that this is PURELY a political witchhunt?
Cruz has put himself right in the middle of this false claim.
I keep hearing the Never-Trumps say this would have all gone away if Lewandoski had just apologized. I don't think they would've let it go. Had he apologized, they would then say the apology is proof he battered her. I would've been used against him.
I think he honestly didn't even remember the incident. They go through many crowds, several times a day. This is so insignificant and her description doesn't match what really happened , no wonder he said it never happened.
Look at the posture and focus of security...it appears they notice "she" made physical contact with Trump first and they were rapidly closing in to put a stop to it. Trump obviously reacts by pulling away his arm.
The photos prove my point. He grabbed her forearm. Sheesh!
When he falsely claimed that she grabbed him, that’s not nuance, it’s just a lie.
Are you aware that in addition to accusing Lewandowski of trying to throw her to the ground the police report also says Fields reported that he used his fist and teeth? So he punched and bit her. What part of making false charges do you not understand?
Unwelcome physical contact! The law's the law. Book her, Danno!
As I’ve already posted. I’m guessing that was a autofilled field on the computer form when she filled it out. You know where you have 4 options to choose from and you have to pick the one that best matches.
Unless you can show me a statement she entered or wrote where she says he used his teeth then I don’t buy it.
Regardless, the law is written to call this circumstance battery. What he did to her meets that definition. Police felt they had probably cause to file charges based on the video and witness statements.
Is this entire thing petty? It sure is. Does this kind of grabbing happen all the time at these events? Yes, according to statements made by other reporters on the news.
Why did Trumps campaign lie about it? Why did they get her fired? Why have they threatened to file charges against her for even less cause? Trump could have apologized to her; could have done a lot of things. Instead they attacked.
They knew who they were dealing with and chose poorly. It shows a lack of leadership and a lack of respect for the law.
MORE LIES=> Michelle Fields Said Corey Lewandowski Used TEETH and FIST in Police ReportLIAR, LIAR: Hoax Artist Michelle Fields Falsely Accused Me Of A Crime Once Too
Michelle Fields Hoax: Trump Campaign Manager Charged With Battery of Reporter
---- Michelle Fields, in her own words:
---- I was jolted backwards.
---- Someone had grabbed me tightly by the arm and yanked me down.
---- I almost feel to the ground, but was able to maintain my balance. Nonetheless, I was shaken
---- Campaign managers arent supposed to try to forcefully throw reporters to the groundReport: Secret Service Says Michelle Fields Touched Trump Before Lewandowski Intervened
Heres Why Several Journalists Got Caught in the Michelle Fields Media Hoax
..Fields and Ben Shapiro Resign from Breitbart after Fudging Story about Trump Campaign Manager
Video Emerges to Suggest WaPo Reporter Ben Terris Misidentifies Lewandowski in Fields Incident
Why Does Drama Always Follow Michelle Fields?
Michelle Fields Previously Claimed NYPD Officers Struck Her w/ Batons
Michelle fields assault claims history:
* Claimed she was assaulted when she worked for Students for Liberty and threatened the organization.
* Claimed Represetative Allan West sexually assaulted her, she later recanted
* Verbally charged ny Police with ;brutalityduring Occupy Wall Street.
* Claimed Leonardo DiCaprio manhandled her during an interview.
* Claimed Lewandowski grabbed her arm and almost threw her to the ground.
Seriously? Sheesh, I guess the media never looked into her background, a serial complainer/attention getter.
Ummmm, she touched him, that's battery according to the letter of the law.
She also claimed Allan West groped her. She’s a serial liar.
The questing is now being raised where that is Fields’ arm. Other pictures don’t show her having a mole.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.