Fox News host Brian Kilmeade has suggested that an arson attack on the network’s massive Christmas tree this week should be categorized as a hate crime—and the alleged perpetrator treated accordingly. His comments came as the Fox & Friends hosts lamented that the accused firestarter was released without bail, a move they blamed on “liberal bail reform.” After a co-host noted that arson is only considered a bail-eligible offense if there is an attempt to harm someone or if it’s a hate crime, Kilmeade said, “Who says it’s not a hate crime against us, against Fox News?”

The 49-year-old man accused of setting alight the Christmas tree was released without bail because he is “not charged with a bail eligible offense,” according to Assistant District Attorney Matthew Bayley. The New York Post reports that Craig Tamanaha, 49, has a long list of offenses, including allegedly exposing his genitals in front of crowds waiting outside the Ghislaine Maxwell trial last week. Regarding the arson, he said, “I didn’t do it!” before blaming “The moms that want to rape their f—ing daughters—they set it on fire,” the Post reported. Damage to the 50-foot artificial tree topped $500,000 in damages. Tamanaha is on supervised release pending his trial.