This guy is certainly explaining his story in the best personal light possible. Assuming what he claims is mostly true -- particularly, assuming he didn't touch the Vice President -- then getting arrested for assault seems to be an abuse of power:
So what happened here? Howards said yesterday that he was taking his eight-year-old son to a piano lesson two hours west of Denver when he saw Cheney at an outdoor mall. Howards then approached within several feet of Cheney and said something like, "I think your policies in Iraq are reprehensible." Howards says he then went on his way. The Times continues:
About 10 minutes later, he said, he was walking back through the area when Agent Reichle handcuffed him and said he would be charged with assaulting the vice president.
Anyone mind if I reverse myself on this mid-stream? Good.
In general, assault means an attempt or threat to inflict bodily harm combined with the apparent ability to inflict harm.
Nothing strikes fear in the imperial heart like a questioning citizenry. Cheney knows he's two probing questions away from being tarred and feathered. Good thing he's got Tim Russert to protect him.