Trey Gowdy says Minnesota police officer charged in Floyd's death should be charged with first-degree murder

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Trey Gowdy reacts to ex-Minneapolis cop charged with 3rd degree murder, manslaughter: Took too long

Former congressman and Fox News contributor, Trey Gowdy, weighs in on George Floyd’s death on ‘Sunday Morning Futures.’

Former congressman and Fox News contributor Trey Gowdy spoke with Maria Bartiromo on "Sunday Morning Futures" about the death of George Floyd, saying "it took too long" to charge a Minneapolis police officer with killing Floyd and that the officer should be charged with first-degree murder.

"It took too long. You know, murder one in Minnesota is premeditation with an intent to kill murder two is an intent to kill without the premeditation. Murder three is the doing of an inherently dangerous thing that results in someone's death," Gowdy said. "So my question for the prosecutors and cops in Minnesota, Maria, is if you have a man with your knee on his neck and he is telling you, 'you're killing me, I cannot breathe. You're killing me.' How long's it take for premeditation to manifest itself?"

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"Nobody thinks these cops went to the scene with the intent to kill him. But at some point when you're being warned that your conduct is taking someone's life, Isn't that premeditation? Isn't that consciousness of guilt that you need to prove an intent to kill?" Gowdy said. "So murder three is the easiest charge. But I was never a prosecutor that liked to go for the easiest thing. I think you need to do what fits the facts. And to me, I think is a murder one charge."

Officer Derek Chauvin sparked outrage and nationwide protests this week after he was seen on cellphone video kneeling on Floyd's neck for more than 8 minutes during his arrest on suspicion of passing a counterfeit bill. Floyd died in custody and Chauvin was fired Tuesday and arrested Friday on charges of third-degree murder and  second-degree manslaughter. The three other officers who took part in the arrest were also fired, and they remain under investigation.

Bartiromo asked Gowdy if Chauvin would face federal charges, which the former prosecutor said was likely.

"They're going to charge violation of civil rights, which is serious. And if it results in death, you can get a significant sentence. But our criminal justice system is both substantive and it is symbolic. If you take someone's life intentionally with premeditation, even without premeditation, that's murder," Gowdy said. "So to call it a violation of someone's civil rights. Sure. Go ahead and charge him."

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Gowdy added that Minnesota owed it to Floyd to give him "justice."

"But Minnesota owes it to this victim and his family to also get the Minnesota state law justice," Gowdy said. "So great the feds are involved. But symbolically, call this what it is. It is the intentional taking, the unlawful taking of someone's life and that is murder."

The Associated Press contributed to this report.