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Judge Napolitano Offers His Thoughts on What the Courts Should do in Case of Ex-Breitbart Reporter

"This is a case that should be..."

Judge Andrew Napolitano said Wednesday that the battery charge Donald Trump campaign manager Corey Lewandowski faces should be immediately "dismissed by the courts" and "never should have been filed in the first place."

Napolitano, who has a financial relationship with Trump, made his comments on the Fox Business Network.

"It's not criminal battery. It may be civil battery. This is no place for police and law enforcement," he argued. "This is the moral equivalent of being jostled in a subway. ... Not every unconsented-to touching is a criminal event. And the police and law enforcement and prosecutors have no place getting involved."

The comments came after Lewandowski was charged with simple battery for grabbing the arm of ex-Breitbart reporter Michelle Fields at a news conference earlier this month.

Napolitano said prosecutors have discretion to say "we are not going to charge this person with this event under these circumstances." He added that "the exercise of that discretion is not appealable."

The judge urged Fields, who he said he liked and had worked with at Fox, to take her case to civil court "where the level of proof is lower."

"The courts, prosecutors and police in Florida ought to have better things to do to maintain public safety and protect our rights and our property than this. ... This is a case that should be dismissed by the courts and never should have been filed in the first place," Napolitano said.

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