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Kelly's court that concession on the docket today could General Petraeus be charged with a crime year.
Turning now Joey Jackson former prosecutor now defense attorney and Mercedes colon who is a Fox News legal analyst -- we could you.
Not listen this is that person who was protected us for so long now this was a -- relevant ailing it yet relevant -- I didn't let me say this OK we did.
-- -- got this was a personal failing number one he's no longer in the military he's a direct a vast central intelligence number two by all indications there was no security breach number three these emails that we're going back and forth we're not linked to his CIA email but -- -- personal account.
Number four this was a matter of consensual consensual matter between two people -- -- -- It's no -- -- -- -- finally getting further yes -- the United States code for military justice.
Makes adultery a -- and if you're active duty and so if this happened Mercedes while he was active duty before it took on the -- CIA director.
It is a crime and potentially.
Exactly right it's section 134 clearance today now he met -- well back in 2006 they met and the -- Harvard University campus.
And then suddenly he says not millions after I retired yet in interviews -- -- says the connection between them was immediate it was intense.
They became close she was his biographer she spent a lot of time with the well -- smoke there's fire here you're going to tell me that for five years this extramarital affair did not begin.
Well the other thing that's generally it's -- is that according to some reports out today they those who served with him Afghanistan's that it was a quote open secret.
That the two had a relationship and that was beyond professional I think they can prove that he was having this affair while he was active duty.
The code is I read it does the UC NJ -- says you have to have sexual intercourse with somebody soldier must.
There's a soldier or the sexual partner had to have been married to somebody else for the time and -- -- to -- to the prejudice of good order and discipline in the armed forces or the nature to bring discredit upon the armed forces.
I do not dispute that you've read the uniform code of military justice and that's what it -- however I would hasten to add this.
I would think that the people in charge he would use their discretion to continue to keep us safe.
To continue to protect the interest of this country and not go down a path which would look and see whether or not this affair occurred prior to him.
So we just this going the CIA but it.
We don't you do now is -- -- illustrate it very well about the regular listed -- who gets pushed under the statute -- how is that gonna make him feel.
And he got pushed under it he got charged under it but not.
Not General Petraeus exactly and you Clinton is going to be intense scrutiny at the timing of this relationship because it's absolutely critical.
If he is subject to court -- it clear on the law that he would be it's something that have to be.
Fully fledged out and investigated if he does any should be court martial action and there's the other hand the bit -- of -- -- -- on the other hand now this is where -- -- point about his honorable service comes in because even if he.
They have the elements of the alleged crime -- I mean the man is credited with a surge strategy in Iraq which they say saved countless numbers of Americans.
In civilian lives over in Iraq mean is this.
We really want to -- potential penalties dishonorable discharge forfeiture of all pay allowances and confinement for up to a year really.
You know make -- a person is never as good as they are their best day -- never as bad as they are on their worst thing we do concede that there was some type of affair here but the judge a person who has been a hero who has protected us who served -- has been promoted ninth nine different it's extraordinary that hours.
I mean the whole program we would need to talk about what he's done I think it's a pass that we should not go down I think the country should continue to focus on keeping us -- city.
Giuliani has executed it would be -- service to go to the mitigation of whatever penalty -- the fall upon him he wouldn't necessarily at the -- the year in confinement but if he's found these court martial.
Penalties will fall on -- and that will go to the mitigation and they'll just be less than the average Joseph out there.
Thanks -- General Petraeus -- -- said development in a really storied career.
Thank you both so much thanks Megan we'll be right back.
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