Former NYPD Commissioner Bernard Kerik and Fox News legal analyst Arthur Aidala joined Megyn Kelly on "The Kelly File" tonight to react to the grand jury deciding not to indict a white NYPD officer in the death of an unarmed black man.


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Kerik said that he hasn't seen all the evidence the grand jury was presented with, but he believes that Garner would still be alive if he had cooperated with the cops' lawful arrest.

If you escalate your force against cops, they will escalate force against you, Kerik said, adding that if he was the arresting officer, he would have been concerned about Garner's size and power.

Megyn pointed out that this arrest was over Garner selling loose cigarettes.

"It was a slap on the wrist kind of crime, for which he effectively received the death penalty ... those who criticize the police say here, 'Is that not the definition of excessive force?"

Kerik replied that at the end of the day, it doesn't matter what the arrest was for.

"They're going to place you in handcuffs. If you resist, they're going to escalate their force. And I think that's what happened in this case."

Watch more above.


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