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.
yep a true leader. lol
more like a narcissistic rich boy who can’t handle anyone disagreeing with him.
Unhinged and making false accusations is the Cruz way.
Personally, I think toughness would be hitting back when a hyper-partisan unethical prosecutor files a frivolous charge against one of your top campaign people in a blatant act of political spite. File away Trump.
I have watched that “new” video too many times.
But I cannot see clearly any details of the alleged grabbing.
Does anyone here see it?
Are there any sources on the web that show it clearly?
Beyond a reasonable doubt?
Where does prosecution end and using the law for frivolous harassment being?
The difference here is that there was a Security line that involes United States Secret Service..idiot reporter breached it..was told twice to stand down by Secret Service...three people reached toward her.
Trump has a case.
Please note that the Hot Air site has absolutely died since Ed switched to a facebook commenting system to chase away all the conservatives. They are not even getting a quarter of the comments they used to. Most threads struggle to get more than 10 comments. They used to average over 100.
there we go......presstitute to jail, federal jail
What was the name of that dipsh*t prosecutor who went after the Duke La Crosse team?
The tape clearly shows that Fields grabbed Trump’s arm first. In fact you can see Trump looking down at his arm with an expression that seems to say, “Who the hell grabbed my arm”?
This was before Lewandowski reached over and touched Fields.
Yaaaaawn.
Anyone with common sense (I know, I know, that excludes most Cruz supporters) can tell this isn’t battery, or assault, or anything other than a reporter pushing her limits and being brushed aside.
But cling to whatever you can, pal. Waste everyone’s time. I feel sorry for you.
“...more like a narcissistic rich boy who can’t handle anyone disagreeing with him.”
I’ve watched the videos of this alleged incident and have to disagree with you on this. If there is a prosecution it will be nothing more than political harassment.
How many of us have bosses who would stand up for us in a situation like this? Apparently no one who works for Ted Cruz does.
Mike Nifong.
I give him credit. At least he said that in person instead of tweeting it. Not that I take him seriously, but it’s a change of pace for sure.
Yes she violated federal law also regarding the secret service. Plus the whole case is bs total nonsense.
Gotta like Trump’s loyalty.
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