Former New York mayor Rudolph Giuliani Sunday poopoohed the idea of a federal civil rights investigation of former Ferguson, Missouri police officer Darren Wilson, noting that Attorney General Eric Holder would merely be reviewing evidence that has already been rejected by a Ferguson grand jury.

Appearing on Fox News Sunday, Giuliani made a funny YEEKS face before noting that “had it not had the racial overtones and the national publicity,” the case against Wilson — who shot and killed the unarmed Michael Brown during an altercation in August — would not even have been brought to a grand jury. He addded that one witness claimed Brown had “aggressively” charged Wilson just prior to the fatal shooting.

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“It’s the same testimony,” Giuliani said of the evidence that would be reviewed in a federal case. “It’s the same witnesses, the same testimony. In other words, Attorney General Holder is going to have to take a case in which a jury couldn’t find probable cause to indict, and he’s going to have to find probable cause in front of the federal grand jury when there are seven African-American witnesses supporting the officer’s testimony, and the witnesses on the other side — not all of them but almost all of them — have impeachable testimony. In fact, a couple of them committed perjury, saying he was shot in the back when he clearly wasn’t. It’s an impossible case to present to a grand jury. A federal grand jury — in my experience, having been in front of hundreds of them — would find no true bill here, just like this grand jury.”