Fox News host Brian Kilmeade made the case on Fox News that the killing of Jordan Neely, by way of a chokehold from a former marine on a NYC subway shouldn't be a crime because he didn't mean to kill him, and Neely was an undesirable person.

ABC News reported on the incident: "On Monday afternoon, he was yelling and pacing back and forth on an F train in Manhattan, witnesses and police said, when he was restrained by at least three people, including a U.S. Marine veteran who pulled one arm tightly around his neck. A physical struggle ensued, leading to Neely losing consciousness. He was rushed to Lenox Hill Hospital, where he was pronounced dead."

Kilmeade lays out the defense.

"Now we find out [Neely]'s got numerous prior arrests, offenses including assault, disorderly conduct, beating, trying to beat the fare. And he's also confronted law enforcement in the past," he said.

So it's A-OK to murder Neely because he's confronted law enforcement before? Gotcha. Thanks for redefining the penal code.

"You don't know what's going on. He's sitting there, seeing how this person is throwing garbage and berating," Kilmeade said. "So evidently, he gets him in a chokehold, a submission hold, to control the person. "Not to beat him senseless, which he clearly could have done. 24 years old, Marine background."

I don't know what's worse, choking someone to death or beating him senseless? We report, you decide.

Then Kilmeade enters the former Marine's mind and assumes what he was thinking at the time of the incident.

"He decides there's nobody around. This guy's not going to get in control. I'm worried about the other passengers."

"Then a couple people held him down because he was still screaming. By the time they get off on Bleecker Street, he's unconscious. And sadly, he passes away."

"That wasn't anybody's intention," Kilmeade claimed.

Manslaughter via Dictionary.com: The crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.

Sounds like an open and shut case to me. But wait, Kilmeade has more. Since the killing took place on subway, it was really a UFC death match on pay-per-view.

"But when you're in that subway car, it's almost like you're in the octagon. Who's coming for you? You go in between stops."

"How many more victims do we need in all these cities, especially in subways in New York, before something like this happens?"

And now it's the Mayor's fault.

"When you let homeless run crazy, when you never arrest anyone, sooner or later, someone's going to take things into their own hands. But clearly, that wasn't the intention."

"That is not the intention of getting in a hold like that. That is to control the person," Kilmeade said.

The Fox News host watches too many cop shows and movies. The reason 62% of all police departments in the country ban chokeholds is because you can kill somebody with it. The federal government banned it for all federal agents in 2021.

Republicans are getting to a place where if someone gives you a dirty look you can shoot them dead with an unregistered and concealed weapon for shits and giggles.