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Timing of Petraeus resignation raises legal questions

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    Catherine Herridge reports from Washington, D.C.

  • Duration 3:24
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We'll have a a personal insight into this because he did visit Libya after the attack and over time I think he.

He owes it to the committees to share those insights with them.

That was former CIA director Michael Hayden just a short while ago right here on America's Newsroom after news of General David Petraeus is extramarital affair spread like wild -- through Washington also though seriously sparking a new investigation.

In to win the White House and congress.

Was informed chief intelligence -- on the south Paris -- and Washington have very.

This isn't just a question of courtesy right I mean there are that's -- legalities.

Involved here obligations -- -- -- -- notify.

Let's re great under US code fifty which governs national security and defense subsection 413 and 141413.

-- deal with notification and it reads in part quote.

To keep the congressional Intelligence Committees fully and currently informed.

Of all intelligence activities.

Which are the responsibility of our engaged in by our carry it out four or on behalf of any department agency or entity of the United States government.

Including any significant anticipated intelligence activity.

And any significant.

Intelligence failures so in layman's terms this FBI investigation on its face would have come under.

413 and 413 -- which would have required congressional notification to at least the chair and ranking members.

The house and Senate Intelligence Committee.

And late Friday when this story broke.

-- -- -- said to me.

That this was extremely important.

Given the gravity of the investigation and that it could not be minimized as simply a criminal a potentially criminal or personal matter -- -- -- It's strange when the head of the Senate Intelligence Committee finds out from the media.

Of all people up but look up Petraeus is under fire for a lot of things not the least of which is not coming his agency not coming to the need.

Of those under fire and being -- but look also he appears to be.

Wedded to this anti Islam video as the catalyst and what happen in Ben Ghazi at least early on.

Which dovetails with President Obama is story -- -- -- -- about that.

Will -- are reporting on September 13 two days after the attack in Ben Ghazi.

The FBI and the NC TC this is -- National Counterterrorism Center this is the nation's central hub for threat analysis.

They were briefing lawmakers on Capitol Hill that they had telephone intercepts.

This strongly suggested that it was not Qaeda -- not Qaeda affiliated attack.

And they made no mention of a demonstration and they made no mention of this anti -- video having a rule.

Get a day later on the fourteenth director Petraeus briefed members of congress and described it as like a flash mob.

And very much wedded to this idea that the video had a role -- it was this conflict.

That really upset lawmakers.

It was described to me as that there was grave disappointment.

Anger and frustration.

And -- this is rare to hear about the director at that time -- now a month later six weeks later rather he has resigned.

Often the paper trail -- the stories that are -- Catherine Herridge thanks very much Iraq.

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