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Legal concerns surrounding FBI's Petraeus investigation

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    Judge Napolitano weigh in

  • Duration 5:01
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Back new legal concerns over the FBI investigation which led to the resignation.

Of the CIA chief General David Petraeus Petraeus stepping down last week after admitting that he had had an extramarital affair with his biographer Paul abroad well.

The FBI learning about the relationship after reading private emails between Petraeus -- broad well.

And that has our next guest troubled judge -- in Nepal -- it was Fox News senior judicial analyst he's the author of the book.

Theodore Woodrow how to American president's destroyed constitutional freedom always good to pick your brain judge thanks very much your -- we even know about this first of all in my opinion we should not know about it because when you say it you mean.

The communication even.

Mean this is -- well and -- Petraeus.

These did not implicate criminal activity -- not implicate national security these were not a threat to David Petraeus the person.

Or two General Petraeus the director.

Of the Central Intelligence Agency.

Those are not my words those of the FBI's -- -- so the question is what the heck were you doing.

Listening to his emails how did you get the right to listen to them did you have a search warrant and if you did what did you tell the judge in order to reduce the judge.

To sign the search warrant and why did you reveal this publicly to dislodge this otherwise.

Superb.

Public servant.

From a mission to which he had -- -- recently dedicated his career.

So the FBI gets involved with this they're brought in they find these emails.

Isn't -- -- principle within the FBI.

We're someone's invasion of privacy during the course of an investigation should be minimized.

-- -- just agents find information that is of a personal matter not related to what they're investigating.

They should stop look at that.

Or as soon as they conclude there is no crime here there's -- federal crime here this doesn't implicate the Federal Bureau of Investigation will stop it.

There's also the principle that no matter who he was.

Four star general director.

Of the of the CAA and no matter what he did.

Cheated on and his wife he's entitled to the same constitutional protection as the rest of us.

So the FBI can't go on a fishing expedition they can't look for generally -- emails to -- Any more than they want to look at Ed good General Petraeus is emails to -- so -- well.

Without a stab bush and the probability of a criminal act.

And persuading a neutral federal judge that the -- probably evidence of criminal activity -- short of that.

There is no search warrant and any feeling of the emails without a search warrant.

Is a crime by -- now they could write their own search warrant.

Under the Patriot Act but in order to do that -- have to satisfy themselves that this was an investigation into terrorism that's obviously not the case either.

I think they ran amok with General Petraeus is life and with his liberties and for that he's out of a job and that's wrong.

It.

I've been following your career for many years and I know that you are a champion of individual liberties individual rights but when someone.

Signs up for the job of CIA director and that person is -- trusted.

With the most sensitive secrets that we have in our country pertaining to national security does that person not willingly.

Sort of say OK I understand and and and do away with some of those personal very great argument Rick and other -- As Shakespeare would have said.

Purer than caesar's wife meaning so pure that no one could even make an allegation against you look.

This director of the CIA can't run for office he can't support political candidates he can even appear in public and make political statements so he does give up certain things.

And in his case he's the country's chief spy.

He -- to have comported his behaviors so that if someone was spying on him.

He'd be as -- -- caesar's wife does he give any recourse here if we learned in the course of this investigation.

That the FBI did something wrong yes General Petraeus have any kind of -- yes yes there are numerous federal statutes.

That protect people.

From over reaching by the government look -- this whole thing was started.

Because some FBI agent.

Who took his shirt off an email the picture of themselves to a mrs.

Kelly I think -- -- -- Because he was her friend that want to do -- favor rather than because the Federal Bureau of Investigation really thought there was a crime.

Our national security implication here if this was done as started as a -- and got out of control.

The general has a serious.

Civil rights case.

Against the FBI no shortage of crazy behavior in this case.

Or all around absolute all of obsolete and no shortage of interest -- things for us to talk about -- -- kind of good to see was only pleasure.

Once again that I was just using do it may.

That's a hypothetical.

-- wild and crazy nonsensical.

Non grounded in fact I thought about it.

-- for the -- -- the only thing that the judge sends me is -- of Shakespeare right after I.

That's not that -- I cannot just leave it there are people the classics only right judge thank you very much for that confession.

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