‘The View’ host claims White House aide committed battery, not Acosta

‘The View’ host claims White House aide committed battery, not Acosta

That would be the more correct legal analysis.

Even that is pretty ridiculous, as the actions of the aide were not nearly that extreme, but it's infinitely closer to reality than what the White House is telling us.

As I see it, the aide approached Acosta and made several attempts to remove from his possession the microphone. The aide failed to retreat and Acosta was unable to retreat as he was backed up against his seat.

More correct cracks me up. It's not right, but closer than what they're selling.

Honestly, it’s a non-event.

Neither Acosta or the aide assaulted each other and Acosta, especially, was polite during the situation while dealing with Trump’s childish antics.

I disagree. The aide should not be physically trying to remove the microphone of a press member because the president doesn't like him. Imagine that was a 6'5 300 lb man and Maxine Waters instead of that small, young woman and Acosta. And the fact that anyone can see this as a non-event illustrates how much Trump has eroded the freedom of the press in just 2 years.

That's what's on the video.

Microphones can be turned down and off. There's no reason to struggle with tearing it out of someone's hand other than to be an aggressive asshole.

"Pardon me, ma'am"

- No abuser ever

As I see it, it was all a stunt. Send a guy, bigger than Acosta, if you really intended to take the mic away. This woman was a tool for propaganda.

She violated his space first...so, yeah

Right, that's obvious this was their ploy. It's funnier to charge her with assault. Where are all the Mens Rights guys to back this up!

Let's not be the same as the right. She was trying to grab the mic. It's her fault there was an issue. But there is no battery or assault here. Just an intern who's job was to try to silence the press on Trump's order.

This is why I did poorly in law classes. Terms like “more correct” are valid and important in law.

If you touched a cop like that. It would be assault. Technically, its actually battery.

If the right is going to use Acosta's reaction to her battery to ban him, then we should fully investigate this and charge her with battery.

Someone that stands behind a congressman who body slammed a reporter doesn't get to complain about Jim Acosta telling someone not to touch him

It wasn't assault but it totally was battery on her part.

Battery: The unlawful and unwanted touching or striking of one person by another, with the intention of bringing about a harmful or offensive contact.

He did not want her to touch him, and she was intending to take something from his hands by force; that's offensive contact.

She committed battery. Assault and battery are different things. They're often lumped together, but in this case they probably shouldn't be. Assault as the threat of bodily harm, which I don't think anyone would argue Acosta felt threatened for his personal safety.

GOP is synonymous with aggressive asshole. They aren't interested in peaceful debate. They want to shit all over you and then cry that you're shitting all over them when you call them out for the shit they've flung.

Maybe so.

I know I support Acosta in this event. I don’t like what the girl did and how she didn’t even ask before grabbing at the mic. I’m just not sure that equates to assault.

Rude, yes. Assault, not that I can tell.

Except subway bumps and similar don't count.

Battery is a "specific intent" law, basically meaning you have to intend to touch the person, and the person doing the touching should reasonably know that it would be unwelcome or offensive.

It's not about the physical contact.

It's not a physical "technical" cutoff, it's about the interaction.

That said, this is pretty weak on both sides, she was doing her job and he had no where to go.

https://www.law.cornell.edu/wex/battery

I can agree its not an assault. Where we seem to disconnect is you don't seem to understand the seriousness of this attack on the press. In what world should a WH aide be able to just walk over and start physically removing a microphone from a Constitutionally protected media member for absolutely no reason besides the president's personal vendetta against said media member? Certainly not one that follows the US Constitution and Bill of Rights.

I wondered this as well. It seemed like the whole fight with Acosta was planned. Get the media talking about anything about anything other than republicans losing the house.

No, but somehow all those minor laws that people usually ignore always seem to apply when a cop is involved.

Legally, what the intern did definitely counts as battery, but odds are it'll never go anywhere.

Now replace the microphone with a pen for writing a ticket, and Acosta with an officer, and I promise that intern would be in jail for assaulting an officer as we speak.

ITT: People who think “assault and battery” require grievous injury...

Or as I've seen others put it: try to do something like that to a cop, and see how fast the cuffs go on.

I've heard Arthur Morgan say that phrase about 118 times. I've also seen him hog tie a lady and throw her in a swamp full of gators.

He didn't push her hand away. He just put his arm up, enforcing his personal space boundaries.

I suspect they are enjoying their circlejerk echo-chamber, like always.