Republican Texas Sen. Ted Cruz is calling on Daniel Penny to go after Manhattan District Attorney Alvin Bragg following Penny’s Monday acquittal by a New York City jury in his subway chokehold case.

Bragg failed to convict the 26-year-old Penny for criminally negligent homicide in relation to an incident in which Penny confronted and subdued Jordan Neely, a homeless man who was high on drugs and threatening passengers in a New York subway car in May 2023 before Penny subdued him. Following Penny’s acquittal, Cruz urged the former U.S. Marine to sue Bragg for malicious prosecution in a statement obtained exclusively by the Daily Caller News Foundation.

“Alvin Bragg is an absolute catastrophe. First, he indicted Donald Trump in a partisan case, and then he indicted Daniel Penny for saving the lives of other subway passengers from a deranged lunatic threatening to kill everyone,” Cruz said in the statement. “Penny should sue Bragg for malicious prosecution and hold this rogue Soros prosecutor accountable.”