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 ...
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.
That lawyer was great. She put John in his place.
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...”
..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.
In this case there is so much wiggle room that it is absurd.
The attorney also called it De Minimus touching as opposed to battery.
Why is this reporter touching me as I leave news conference? What is in her hand??
This was the reporters statement- when she found out there was tape from my facility, she changed her tune.
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.
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/
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.
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.
Maybe Clinton is more concerned about Trump than she lets on. Meanwhile that crook is walking free and running for President.
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.
Hellry fears Trump because...
1. Trump can beat her
2. If Hellry loses, she is free to go to prison
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.
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.
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.
Maybe there is exonerating cruz video out there.
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