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.
Fields Statement:
"Campaign managers arent supposed to try to forcefully throw reporters to the ground, no matter the circumstance. But what made this especially jarring is that there was no hint Trump was done taking questions. No one was pushing him to get away. He seemed to have been happily answering queries from my fellow reporters just a moment before."
Terris, the reporter who is 'backing her up' said this:
"As security parted the masses to give him passage out of the chandelier-lit ballroom, Michelle Fields, a young reporter for Trump-friendly Breitbart News, pressed forward to ask the GOP front-runner a question. I watched as a man with short-cropped hair and a suit grabbed her arm and yanked her out of the way. He was Corey Lewandowski, Trumps 41-year-old campaign manager."
Source: After an Alleged Assault, the Trump Campaign Launches a Vicious, Deceptive Attack on Michelle Fields
He grabbed her forearm and jerked her backwards. Watch it frame by frame .
Exactly! Smells of Cruz antics like the Voter threat he pulled on Carson.
The news media is accustomed to coming up with a meme, no matter how ridiculous, and brow beating people (Republicans in particular) until they give in and “apologize” and do whatever penance the media feels is necessary.
That being said, Trump does not play by the media rules. It upsets them terribly .... FOX & every other news outlet yesterday was beside themselves with hysterical anti-Trump screeds, demanding he apologize & fire Lewandowski. Cruz did fire his guy ... he had obviously crossed a line. Lewandowski, per the videos, cannot be seen to “throw the reporter to the ground” as she intitially claimed, nor do her bruises match up with where she claims he grabs her, nor is there much other evidence other than he brushed against her or touched her. In the meanwhile, she was aggressively pursuing Trump, who is under Secret Service protection, & had to be warned off twice.
Good for Trump for standing up to the media & for his employee. THAT is what I want to see - courage in the face of those proven to be enemies, domestic & otherwise. I haven’t seen it from any of the other Republican candidates. Cruz can’t even utter the words “I have never been unfaithful to my wife” and Bernie/Hillary cannot get “radical Islamic terrorists/jihadists” to come out of theirs.
Oh, and the scammer was Crystal Gail Mangum.
BIRDS OF A FEATHER
btt
Numerous FL attorney have looked at the video and have determined that no jury in Fla is going to convict on that video. All that Lewandowski did was brush by Fields along with the a SS service agent and then got in front of her and blocked further access to Trump. It appears he may have lightly pulled at her jacket material in her upper arm and nowhere near the bruise on her lower inner arm.
This woman has a history of accusing men of doing things to her. She accused Allen West of sexual assault and last month accused some guy of hacking her cloud account after she contacted him on Linked IN and he called her in response to it. Her bosses at Breitbart told her to quit telling people the guy had hacked her Cloud but she continued. She’s got problems. That’s why she’s not at Breitbart anymore.
You need special rose colored glasses to see the brutal take down.
There has clearly been a decision by the Establishment/anti-Trump cartel to spread far-and-wide the message that “Trump rallies are violent”. Only at Trump rallies are paid agitators are bussed in to provoke attendees into violent reactions. I believe Michele Fields is part of this initiative, and the Propaganda ministries all seemed eager to push her story.
It is refreshing to see Trump stand up to these people, they fail over and over again.
“Cruz cant even utter the words I have never been unfaithful to my wife
I really don’t care that much who Ted was screwing, he screwed the entire country when he backed Obama’s Trade-Promotion-Authority. I used to admire Cruz greatly, recent months have been a real disappointment.
So by your logic, she needs to be charged with 2 counts of battery for touching Trump, right?
That’s what I thought. You Cruz zealots are amazing.
Can’t wait for his campaign to implode. :)
She’s not at Brietbart because the Trump campaign got her fired. Well technically they got Brietbart to force her to resign.
He grabbed her arm, thats quite evident. Then he lied about it.
Now you all are implying everything up to and including she was planning an assassination.
All he had to do was apologize. Too much ego for that.
We had 8 years of Bush never even speaking out, let alone hitting back. It would be nice to have someone who fights for his side.
I watched it frame by frame and saw him grab her above the elbow.
Has Michelle Fields morphed into just another lying RAMBABE?
You've got to love him. He won't throw a good man to Cruz and his running leftist dogs.
18 U.S. Code § 3056 - Powers, authorities, and duties of United States Secret Service
(d) Whoever knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged in the performance of the protective functions authorized by this section or by section 1752 of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Did or did not Michelle Fields commit the criminal offense: “knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged in the performance of the protective functions authorized by this section or by section 1752 of this title...”?
Did or did not Michelle Fields disregard Secret Service warnings to stop breaching their protective cordon around Trump, the Presidential candidate they were protecting, and make physical contact with the protectee?
Did or did not Michelle Fields interfere with the movements of the protectee, Trump, the Secret Service detail, and the campaign manager, Corey Lewandowski?
That is not what is on the tape. Just like the Trump supporters who blatantly claimed that Trump did not mock the disabled reporter. What seems to be important here is that the Jupiter Police Dept. doesn’t agree with you.
She got forced out at Breitbart because she’s a problem. She serially accuses people of doing things to her that are not true. I have been in many crowded ballroom situations in my career and its not uncommon for someone to brush past you and even put their hand on your arm basically to let you know they are squeezing past. I have had it happen to me and I didn’t think anything about it. I’ve done it to other people.
This girl has problems. She does this all the time.
Trump is proving their point.
Fields should be charged with filing a false police report.
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