These charges were always a joke.
While the bar for battery is low (unwanted touching), any defense lawyer could show she gave consent by her actions (crushing the candidate, in a crowd, against security).
For an analogy, you can’t file for battery if you jump into a mosh pit and are then pushed. You’ve consented to contact by your actions. Similarly, unwanted touching on the sports field may earn someone a foul but they’d have to through a punch before ‘battery’ might come into play.
Reporter who accused Corey Lewandowski of battery may still pursue defamation case.
A Florida prosecutor has decided not to prosecute Donald Trump’s campaign manager for battery after a March run-in with former Breitbart reporter Michelle Fields, sources with knowledge of the situation told POLITICO.
The decision not to press charges against Corey Lewandowski is scheduled to be announced on Thursday afternoon by Palm Beach County State Attorney David Aronberg.
Fields may still pursue a defamation case against Lewandowski, a source said.
Fields filed a police report last month after Lewandowski grabbed her by the arm and moved her out of Trump’s way following a press conference at Trump National Gold Club in Jupiter. She said he left bruises on her arm. Police later charged Lewandowski with simple battery, releasing video from surveillance cameras that shows Lewandowski reaching for and grabbing Fields.
Aronberg would not comment, but in a POLITICO interview last week, he pointed out that Jupiter police had a low “probable cause” standard to cite Lewandowski for battery. But the responsibility for moving forward with a full-blown prosecution rested with Aronberg’s office, which had to consider whether a crime occurred and whether they believed a jury of Floridians would prosecute.
“We have a higher standard to go forward with a prosecution,” he said.
Fields would not comment on the record. Lewandowski could not immediately be reached for comment.
Many lawyers said they just didn’t think jurors would think of this case as a battery, even though it met the technical threshold for the crime under Florida law, which essentially defines battery as unwanted touching.
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