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.
“War on Crybullies” you mean. It’s blatantly obvious to everyone.
That has been my impression form the start. none of the videos show him touching her arm. No one can say the bruising came as a result of Corey touching her. there is no proof of what she said.
Well its weird that she was ‘forced out’ immediately after this event. WOW what a coinkydink!
Of course it happens. 99.9999% of the time if someone is offended or bothered by it a simply apology smooths all the ruffled feathers.
For lack of a simple apology Trump is gonna lose his campaign manager, thousands of women votes, and perhaps the election.
No wonder your undies are all twisted up.
The law doesn’t require any bodily harm.
There is no video that shows his hand actually on her arm.
Maybe you are watching a different tape than me. Picture:
You know the Prosecutor from the Jupiter Police department is a prominent Hillary supporter, right?
There was an error with my photo link. My apologies. This link has a zoomed in picture:
http://redstatewatcher.com/article.asp?id=12760
“As security was clearing the way ...” makes the intrusion into the Don’s safe space a federal offense. Note the security detail hustling to get between Fields and Trump.
She’s toast if she pursues this. Trump just turns it over the a fed prosecutor, and the Florida sheriff looks stupid.
Under normal circumstances, a candidate would issue an apology and fire the campaign manager.
This ain’t normal circumstances. Trump is never going to lay down and crawl and be forgiveness for something he didn’t do. The PC police even have Rush Limbaugh begging and crawling now days.
According to the statute if a reporter touches you trying to get to a candidate, that’s battery. I’ll bet there are videos galore showing her “touching” people trying to get to Trump.
Finally, the writer is wrong. It WOULD be Trump filing charges against her for touching him after the SS told her twice not to.
The reporter is like Cruz, a liar.
Well it would appear that your undies are certainly in a twist as you cannot seem to wrap your head around the fact that a troubled person who continually accuses others of fictitious behavior has now accused another person of a non event.
Are you aware that the woman’s recorded accusation said Corey Lewandowski attempted to throw her to the ground? Seriously?
Please leave Ted Cruz out of this.
GO FOR IT DONNIE.
While you’re at it how is that Lawsuit coming you filed against Ted Cruz for running ads that made you mad?
What a Freaking loser. Stand up America, be proud this is the Idiot you want in charge!
Trump, as if to say “Who the hell grabbed me arm?”
Luke 8:45 “Who touched me?” asked Jesus.+
That’s more like something Cruz, the Messiah, would say. Without the profanity, of course.
I agree it is totally bogus. If you watch everyone in the films there could be hundreds of “battery” charges filed against hundreds of people. Put everyone who was there in jail!
Trump can file for battery, she had a knife or a pen stabbed into his arm.
You don't have the right to go grabbing Presidential candidates -- or even touching them -- just because you want them to talk to you.
Love the way the gop and the media’s defending cruz. What happened to Whaaaaaa, he shut down the government.
Trump should have his lawyer call her lawyer and insist she drop these trumped up charges or he will sue her and have her arrested.
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