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The widening scandal surrounding David Petraeus' affair

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    Tamara Holder and Lis Wiehl on the legal implications

  • Duration 8:45
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I welcome back generals behaving badly and the Big -- guys -- cover upper big and Ben Ghazi distraction I should say.

Because there really isn't a lot of evidence to say that it's a cover up.

Want to talk about this more wanna talk about some of the legal aspects of and to bring that and let's bring in Fox News contributor Fox News legal analyst -- we'll.

And let me bring -- also one of my favorite people in the whole wide world camera holder I like -- so much -- -- emails or 30000.

Times.

Coming -- just as much time -- general Allen -- I just -- we -- here you're gonna get us well yeah actually yeah.

-- not you think about it.

You know and the thing is I don't have time to email someone 30000 times I like -- quite a bit -- camera but what was the last time I -- because I'm busy.

Well general Allen is a thing.

We're learning that does -- emails yet.

It's shocking that you wonder why they haven't and you you know why there all these problems with the war and and Afghanistan and Iraq wherever it you know -- -- everything they're supposed to be monitoring they're not yeah.

But when you're emailing and now you know that in the breaking news of course Mike is you know -- that now there's an FBI agent that became fixated.

On one of these -- and I miss Kelly.

So -- -- must've been some steamy stuff going on in there.

I've -- any emailed a shirtless picture of himself can't we learn now.

Don't ever take a picture yourself shirtless and certainly don't disseminate it even a day because so much still you're phoning -- here and -- trouble -- You have got up.

I don't really take offense that's because and I -- I am old fashioned from my -- -- my dad's FBI agent OK so I grew up with a around the FBI with the federal prosecutor worked with FBI agents all the time.

-- -- And they tend to read.

And don't do that wouldn't FBI's ten most an 99.9 9999%.

Do not -- the most.

Straight and upgrade and it's good citizens people that you would ever want to see so it's just shocking.

-- -- -- -- I'm just I'm just you know they embarrassed as a disaster of Y -- -- you know we're not all that -- on behalf of my agenda I'd like to apologize for all the behavior -- well you had to be twice that you -- you could show us a picture of here you know your chest area since you're the out of -- you're -- -- You know -- actually -- -- -- you have climbed mountain -- gone back at stuff you just don't you might say you know.

We haven't even gotten in the legal aspects of this in order to get at all this in this embarrassing evidence you had to get into the email.

-- it's pretty clear at least what we've heard from unnamed sources close to the investigation.

There wasn't a threat to national security there was just what really seem to be a cat fight going on with some of these women.

And that uncorked all of the emails so why does -- FBI have any legal jurors -- she did it they have you know the way out.

We had jurisdiction they absolutely do because if there's harassment over the Internet.

That's an FBI that's an FBI mattered now will the FBI take all harassing emails like over Internet of course not I'm -- you've got plan is.

He I didn't even have a lot of -- FBI am myself included.

But but legally do they have jurisdiction of the of course they do at once they realize and that was I think it took a little while but once they -- the general was involved with us.

Then of course that ratchets up everything one.

In the other issue is is not really deep -- sexual.

Exciting.

Part of these emails right whether wallet not only harassment but whether there is information that was exchanged that Petraeus.

Or general -- I had shared with these women and I think that's what they're really the bigger concern is.

Was there was there -- -- classified information that these women had access to.

And I would have to imagine just with you -- sure volumes.

Of of information that's out there the sheer volume of information that went back and forth across the Internet.

Something at least is gonna appear.

A little bit kinky as they start examining this thing paid back pain bunnies have exactly rightward at legal word I've really been a -- -- in the nighttime when you're not working is is that they'll keep.

I mean if they see something that even on -- subject had enough credit probably have -- -- on -- subject matter but.

Anything in an email that appears to be a little hanky and you're talking about Petraeus and -- than other looks -- -- look at that.

And but remember that this FBI agent was originally friends with Kelly so that's the reason why -- There's he reached out who says she wants -- Friday and we all have -- and -- and higher place this issue went ahead and said hey.

I can you look at the best now did he have authorization to even go and look and the best -- and another question here I'm didn't go outside the scope of his employment as an FBI agents are investigating.

But also as -- get back to this point though from what we know -- She said it in the language in those emails was -- walking around the the base -- chest all puffed out and acting like you're so important.

That really doesn't sound like a threat and not a matter of fact I see some of the things of people sending you -- camera over Twitter that pales in comparison it doesn't -- FBI investigation.

Right and that's what I think is really the bigger problem here is that was Americana words that was opened that shouldn't have been is this just a private matter between two people now of course a guy and there's there are the rules with CA agencies and involve an extramarital affairs.

And all that -- but at the end of the day.

How did this start and was it a legal investigation.

From the very beginning of the rules are there in it for good reason which is that.

Could somebody be blackmail to -- that's right really the issue could somebody be.

-- we're not talking about.

You know.

One of awesome -- -- -- that somebody in the government at a very very high level and they could be subject to blackmail for something like this and that the FBI would have a right to get into it.

Great but wouldn't but it's immediate seems like that there is this love triangle that's going on and navy.

The men became involved with these women clearly the women had some kind of heated exchange between each other where -- they were angered.

And die you know did they even know about it did the guys know it did did that guy is Petraeus knowledge I don't I don't I don't I -- -- those guys right now toys and yet the boys had.

Then they did they know the extent that this was going dining eighty they'd already had their fares and moved on -- -- you know atypical.

It but now here's some -- -- interesting General Petraeus out of a job general Allen still has a job.

That leads you to conclude in terms of the rules -- from the military that deal with adultery.

That possibly General Petraeus went through with the -- general Allen just had what is now been clay determined to be.

That improper communications what do you.

Be it could also be that we're not having -- seeing all the resignation that are going to be coming down the line.

I mean General Petraeus resign quickly once he was confronted although you know the timeline is very interesting if we're finding out now also on -- quickly in quotes -- don't know that for sure.

But he at least did fess up to -- and then resign with Alan we don't know that we still have days and bad -- weeks still enjoyed it.

Think he was -- Petraeus was approached by the FBI back in October so.

With all due respect to my friend -- you know it was it was quickly with the resignation once it got to the -- -- the White House by but he had been aware need to Wear -- in October Fuzzy could've tried to hang on he -- -- Hanging on to drink yeah.

-- -- -- -- Back you talk about the people get approached about this stuff months and months ago the White House didn't learn about until November the six we've heard that some congressman.

Have known about this along the way is the hammer gonna fall and anybody who knew something and didn't do any.

Well the question is what did Eric Holder -- and plan and mean and man did he was he withholding information.

From the White House or from the public until after the election that's really the question a couple of questions I had -- I'm not I'm just posing it I don't not I do not know the answer to that question.

-- to say that that is going to be the question I think that's going to be out there.

Well and I testing that and an HR perspective.

You know -- and I got that a lot of people don't like Eric Holder and there's the big guys the issue in the fast and furious and all these bigger issues.

Is it something the -- got to his desk -- -- to the lower level people the DOJ said look.

You know what we can't -- these affairs whether it's wrong or right and we need and may it may be.

And sure resignation later ride or pressure for Rodman.

-- is this something that we need to take care of right now we have our hands full with much much bigger issue you know -- alongside argue that we can walk and chew gum at the same time I'm sorry so I think the General Petraeus at all could do that as well.

Well and it had 31030000.

Page file is probably bigger than it you know any case that you and I've tried to gather earning 30000 pages let's look at people -- -- right.

Hi guys Brady -- and a wrap the other part.

They're in my ear tell me to raping and your blonde and you brilliant.

Canon camera your great friend you better get ahold of me and I'm male and I don't act nearly as badly as he's generals do.

So once again as we close out on the half my gender.

I apologize for a -- -- do that.

Thinking back.

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