FNC’s Napolitano: Fields-Lewandowski Incident ‘Not Criminal Battery,’ ‘Should Be Dismissed’

Fox News senior judicial analyst Judge Andrew Napolitano Trump campaign manager Corey Lewandowski and then-Breitbart News reporter Michelle Fields is “not criminal battery” but added, “It may be civil battery” on Wednesday’s “Varney & Co.” on the Fox Business Network.

Napolitano said, “It’s not criminal battery. It may be civil battery. This is no place for police and law enforcement. This is the moral equivalent of being jostled in a subway, of being bumped into by somebody who’s trying to get across the street faster than you are, something that happens to us ever day. Not every unconsented to touching is a criminal event, and the police, and law enforcement, and prosecutors have no place getting involved in this.”

He added, “The prosecutor has what’s called prosecutorial discretion. … Now, I say this, I say this with a couple of caveats, as you know, I have a financial relationship with Donald Trump, I’ve not selected a candidate publicly, but I’m going to talk about, as the one I want to win. I also know, and like, and respect Michelle Fields and have worked with her, here at Fox, but this is not a criminal event. If she believes she was injured or harmed by what she says Mr. Lewandowski did, she can sue him civilly, where the level of proof is lower, and the police and law enforcement are not involved, and she’ll have to proof to a jury what her harm was.”

Napolitano further stated, “It’s not an appropriate use of law enforcement. The courts in Florida, the police in Florida, the prosecutors in Florida ought to have better things to do, to maintain public safety and protect our rights and property than this … This is a case that should be dismissed by the courts and never should have been filed in the first place.”

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