Protesters have taken to the streets of New York City after a Staten Island grand jury decided not to indict a white NYPD officer in the death of an unarmed black man during the course of a July arrest.

Just like in Ferguson, protesters are using the mantra "hands up, don't shoot" as a rallying cry.

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On "The Kelly File" tonight, Megyn asked Michael Skolnik if activists should still use "hands up, don't shoot," since it is very possible that Michael Brown never held his hands up and asked Ferguson Police Officer Darren Wilson not to shoot, based on forensic evidence and conflicting witness testimony.

Skolnik said that although five black witnesses testified that Brown never put his hands up, two white witnesses said that he did, so there is no way to be certain with contradictory evidence.

Megyn pressed Skolnik on why he and other protesters accept only some evidence as fact.

"You’re out there doing this," she said as she put her hands in the air. "And this may be a lie!"

"Yes, but it may not be a lie," Skolnik countered.

Watch the fiery back-and-forth above.

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