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News legal analyst greg gerald is with us. and when you look at the history and the passengers saying that he was making threats and acting erratically. very threatening. and while this ex-marine put him in a chokehold. and begging to get police and didn't show up for 15 minutes later and what do you think of this case? >> i think it was a rush to judgment by the d.a., bragg sean. he could listen to the testimony but bragg who has a habit of caving to political pressure and aoc calling murder. and to appease bragg charged

>> reporter: the former marine was interviewed by police after the incident and released, according to a law enforcement source. he has hired criminal defense attorney thomas kenneth to represent him. kenneth, who lost the race to become new york's district attorney to bragg, confirmed the former marine is his client, but had no further comment. >> i do want to acknowledge how horrific it was to view a video of jordan neely being killed for buying a passenger on our subway trains. his family deserves justice. >> reporter: the passenger who recorded this disturbing video says neely had been act...

Personal attorney in that matter. so it's really interesting. 500 million employs >> ashley: your signature means nothing on a piece of paper anymore. >> todd: one takeaway from the bragg suit against jim jordan, we don't know if bragg will have to testify whachl this does is delay the process, delays getting answers by the committee of bragg and bragg's people. is that your sense, too? >> brooke: absolutely, it is stonewalling. alvin bragg is trying to make a statement, these are his charges, it is local jurisdiction, according to bragg, his charges are about new york state law. according to ...