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.
The new Trump campaign logo is a shovel, to scoop the BS and keep digging that hole.
You’re delusional. She was walking in the same direction as Trump. Lewandowski grabbed her arm and her momentum immediately reversed so that her body moved in the opposite direction. That doesn’t happen from a “light pull of the jackete material in her upper arm.”
Did you notice she had her feet crossed, standing in heels, on bunched up carpet?
Yeah she rush in while wearing those heels.
I didnt know our secret service was so incompetent. I mean look at all those other people that musta “rushed in”.
Looking back at all these different events during this campaign. There have been thousands of people who have rushed past the Secret Service. WOW
heck half of em have been reporters just like this woman!!
Shocking stuff
yeah ok
hint its not a federal crime
Now the right is making up micro-aggressions.
This whole thing is a crock of shit and Fox news has lost a lot of respect as they indulged in the same orgy of alligator tears over this bogus “battery” - while they breathlessly relived the horrible assault on the poor journalist every five minutes. Even Jonah Goldberg, the most rational, non-BS writer out there was claiming this was a crime! I cringed and despaired as these sultans of truth (compared to the rest) have now joined the cesspools of political lies and spin that passes for journalism. Brett Baier is losing respect for biased reporting.
The same exaggerated sensitivity for this reporter’s battery, whose arm was grabbed, reminds me of the false rape charges and the Student Kangaroo Court at Columbia University that “tries” rape cases when the regular police run from the totally bogus charges. So now Fox News is indulging in that garbage. Playing the micro aggression game. Under some kind of order from on high to get Trump.
It is all a farce, a lie and a waste of time - but it is politics. It should be journalism but it is not.
I like that. Give them some buck shot right in the shorts!
Amazing isn’t it? Though perhaps not if one considers the selective revisionist memories the media displays when advancing ‘THE’ agenda.
Ha...love it. Gonna steal it. Just so you know.
All Trump could do is make a complaint - he cannot file charges. The police or the prosecutor would have to determine if there was evidence of a crime and then decide whether or not to file charges.
This just shows why Trump is such a bad candidate and would be a horrible president. All he or Lewandowski had to do was say, "Sorry, we didn't realize he grabbed you so hard." Instead, they tried to slime and attack the reporter, and they keep doubling down even after proof that they lied about the incident. Instead of focusing on his campaign, he is wasting time tweeting and making silly statements ("her pen could have been a bomb!") over an incident that should have been resolved the day after it happened.
I know. I was encouraging him to file a complaint.
Had he done this it would have been an admission of guilt. She still would have filed a complaint, charges still would have been filed and he would certainly been convicted based on his own apology. In the legal profession we have a word for people who apologize in situations like this - convict.
“Counter-charges”? He obviously needs a new legal advisor.
Strange because Levin sees it clearly. In fact every Cruz supporter seems to see it.
BS. The main reason she filed the complaint is because a) they attacked her, called her a liar, demeaned her in public; and b) they basically dared her to file charges, implying she wouldn't file charges because she knew she was lying. A simple apology would have ended the whole thing.
To Donald Trump, corruption is as natural as breathing.
He does not even see it. He is like a fish in water, not seeing the water.
He will file an assault charge unless charges are dropped against his friend.
In other words, he is using the threat of filing a charge which he admits if frivolous in order to pressure a prosecutor into letting his friend skate.
To Trump, this is completely unremarkable. It is just the way you do things. Corruption 24/7, as natural as breathing.
I like someone who is a fighter. Cruz has proven to be a wimp.
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