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.
Oh yes, Mike Nifong, who was eventually removed from the case and disbarred.
Nice to see a fighter for once.
He did grab her upper arm which doesn’t match the bruises she supposedly had on her lower arm.
If touching someone is a crime the I’m in big trouble if Mrs. Fella decides to file suite.
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.
When they come for Cruz, Trumpers will not have his back. Could be a rough 2018 Senate election for Cruz, IMO.
Oh, this poor, poor girl!
In a crowded room, she stepped in front of someone
AND SHE WAS TOUCHED!!!
Eeeeeek! Eeeeeek! Eeeeeek!
Join your sisters in the Infantry.
They’re going to get touched by lead.
Good for him.
Vote Trump
I agree. I'm tired of our side taking things like this lying down.
she got roughed up more by a NYPD cop than Corey...sniffling little ‘snowflake’ (OH WHERE'S MY SAFE SPACE)
Well stop saying it and just do it.
Hillary Clinton donor to oversee case against Donald Trump’s campaign manager
http://www.freerepublic.com/focus/f-news/3415504/posts
Trump’s Daily Lawsuit Threat.
This is as clear as it gets. Hardly what she claims happened. This is after being told twice by the secret service to stay back
He’s right, what if that was a knife or worse a hypodermic needle filled with poison, she could have easily stabbed him with it.
Trump was reaching into his jacket and Fields hand at most brushed his sleeve. She had a pen in her hand. She did not grab Trump.
I think the charge is over the top. However, this “I might” , “if”, “I’m going to” ... Go ahead and SUE already
Florida law says it is battery.
The police thought there was sufficient probable cause to file charges.
Its evident you have no idea what you are talking about.
How does he file a ‘counter-claim’ against a criminal battery charge? This goes along with his assertion that Sam Alito signed ‘a bill’ authorizing partial-birth abortion and his claim this morning that he would appoint SCOTUS justices who would ‘investigate’ Hillary Clinton’s email malfeasance. Has there ever been a serious candidate for the presidency who has displayed a greater level of ignorance of how the legal and political systems work? I mean this is freakin’ 8th grade civics.
I wrote this Michelle Fields yesterday, I told her she should look up the name Sheena Monnin if she feels it’s perfectly OK to make up lies about Trump.
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