On "Special Report" tonight, Charles Krauthammer said the grand jury’s decision today to not indict an NYPD officer in the chokehold death of an unarmed man is "totally incomprehensible."

Judge Nap: NYPD Officer Should Have Been Indicted in Chokehold Death

Krauthammer said it appears the jury should have indicted Officer Daniel Pantaleo on involuntary manslaughter at the very least for the death of Eric Garner.

“The guy actually said ‘I can’t breathe,’ which ought to be a signal, if the guy was unarmed and the crime was as petty as they come."

He said it was almost absurd that anyone should have to die over the crime of selling loose cigarettes.

“I think anybody who looks at the video would think this was the wrong judgment. The problem is in our system, you don’t have double jeopardy," Krauthammer said. "If a grand jury makes a mistake, that the way it is."

A federal investigation is a way around this decision, Krauthammer explained, but that requires a violation of civil rights, which would imply that this was a racial incident.

“They have to squeeze the case into one of deliberate racism, and I don't know that there is any evidence for that.”

Krauthammer added that President Obama's decision to come right out that use the word "equality" - implying this situation was about race - is not helpful.

Watch the panel weigh in above.