Thursday, CNN’s Jim Acosta placed his hands on a White House intern who attempted, at President Donald J. Trump’s request, to remove the microphone from Acosta after he hijacked the White House press briefing.
I am not a lawyer. In fact, I’m a proud law school dropout. But I did do a full year in
law school prison before being paroled to report the news and author a book (which you should all pre-order when it becomes available). I completed enough law school, however, to learn criminal law and torts, both of which teach the fundamental elements of the crime of battery.
Acosta’s actions unequivocally fit the common law definition of tortious battery. At common law, a tortious battery is defined as 1) intent 2) to cause 3) physical contact.
The intent element only extends to the causing of the contact. Acosta certainly intended to cause the contact with the intern. He intentionally pushed her arm away as she tried to take the microphone from him, an act which some have described as a “karate chop.” In a tortious battery, physical contact need not cause injury. The plaintiff simply must show that unlawful, unpermitted contact was made with his or her person.
People have been sued for battery for far less egregious actions than Acosta’s. A classic law school case used to illustrate the elements of battery is one where the plaintiff had smoke blown in his face by a defendant. The physical contact in that case is the smoke – considered an extension of the defendant – making unpermitted contact with the plaintiff’s face.
If for nothing else, the intern should file a lawsuit against Acosta to prove a point. He is absolutely out of control during the White House press briefings. When the leader of the free world says that your time is up, you listen. It is not an invitation for an argument. It is certainly not an invitation to have a wrestling match with an intern.
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Is The Best Direct Cash Relief Plan Found Outside the Halls of Congress?
With every hour passing it appears that the leadership and members of the United States Senate are exposing their inability to manage and provide the necessary help to assure that America’s families and workers are able to survive the public health and economic crisis that most are experiencing from the current Chinese Virus pandemic.
In the last few weeks Senate leadership from both parties have put forward plans that appear to be means-tested bailouts for big corporations and banks but fail to address putting cash directly into the hands of the majority of Americans.
In the same time frame Americans have seen their retirements and investments tank to the tune of trillions lost, experienced tens of thousands of lay-offs, the local public schools have closed for the foreseeable future, local police are unable to stop looting, and new polls show that 71% of Americans have been negatively harmed by the Chinese Virus pandemic.
And where our Senators have failed, it seems President Trump has not.
Instead of just listening to the lobbyists and policy influencers of the inner halls of Congress, President Trump is open to the advice and ideas of people outside of government, people who are not deeply rooted in the D.C. Swamp, and those who actually give a damn about what happens to Americans.
In a recent Tweet Eric Bolling, a bestselling author and conservative political commentator said that he had a “comprehensive conversation” with President Trump about a direct cash relief effort that Bolling has labeled “Plan2020”.
The idea behind “Plan2020” is that every American family who makes less than two hundred thousand a year in income would receive a debit card with $2300 on it. The card would be used to cover food, gas, medical needs, transportation costs, and other necessities that Americans may need during the current crisis.
The “Plan2020” card would be a means of sidestepping any industry bailout while assuring local economies receive a much needed boost.
The interesting catch behind the “Plan2020” cards is that the funds on the cards expire after thirty days but will be reloaded if the President continues the national emergency and it would be a form of nontaxable income.
On Friday long time Trump associate Steve Bannon endorsed the “Plan2020” card idea on his “War Room: Epidemic” podcast calling it a way “that cash is forced back into the system, back into the hands of the little guy”.
Understandably there are critics of Mr. Bolling’s idea, but unlike the plans that are being formed deep inside the D.C. Swamp, his “Plan2020” correctly provides a bailout for America’s families and local economies instead of multi-billion dollar corporations, many who have connections to Communist China.
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