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.
I’ve always said this was silly. WHich makes the way the Trump campaign even more egregious.
Once criminal charges are filed it stops being silly and gets serious. Arguing about the video is a useless waste of time.
You can’t even see the bigger picture. The one that shows how bad of a leader Trump is and how poorly his campaign handled this.
There were criminal charges.
There was a tremendously inept handling of this crisis by the Trump campaign.
You agree with Obama. I don’t.
It is as simple as that.
There was no crime.
“Criminal charges” are things made up by Communists, Stalin and people of Obama’s ilk to shut down political opposition. For that alone it should be rejected on its face.
The prosecutor raises money for Hillary.
He can indict a ham sandwich.
“You agree with Obama. I don’t.”
alinsky loves you
“There was no crime.”
The police officer who signed the complaint and filed the charges disagrees with you. Which one carries more weight in Jupiter Florida?
““Criminal charges” are things made up by Communists, Stalin and people of Obama’s ilk to shut down political opposition.”
Criminal charges are also made by people like Thomas Jefferson, James Madison, and Ronald Reagan.
“The prosecutor raises money for Hillary.”
This occurred in Jupiter Florida. EVERY prosecutor there probably supports Hillary. I haven’t heard that the prosecutor has even seen the complaint yet.
“He can indict a ham sandwich.”
Which is why smart people don’t go grabbing and pulling and lying in situations like this.
You agree with Obama - and he is a political liar. So don’t mention Reagan, you don’t have the right. Mention Obama, your hero. A liar, like Hillary, who also agrees with you. Since Obama is a communist you are much closer to Stalin than you are to Reagan. This farce in Florida is a bull shit show trial, like they did in the 1930’s. Completely blown up to destroy political enemies. You are so much like Obama in this situation you would be welcome in Cuba, where they also do political show trials. Look who you are ideologically aligned with.
By the way, guilt is up to a jury, not a prosecutor. Welcome to American jurisprudence.
The jury will vote no, as they will be Americans and recognize a communist show trial when they see one.
“He pulled on her arm!” This is about the fifth time this woman has claimed an attack when it was not true - nice witness. She also attacked Trump when she was warned by the Secret Service.
Stop wasting your time. You haven’t said one thing of any value. You don’t even realize that Obama is using you like a rubber.
blah blah blah
You’re not even right twice a day
Good comeback.
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