who reports to attorney general holder who knew of the f.b.i. investigation in late summer and sat on it based on fox reporting there was no notification of the chair and ranking member of the house of representatives and senate intelligence that the director was the subject of an f.b.i. investigation. >> we received no advance notice. it was like a lightning bolt. i found out when i came to washington on thursday night, friday morning the director said there were a number of calls from press about this. >>reporter: that is key is that the notification issue, senator feinstein said, will be part of the investigation into benghazi. it is not just the security fails that led to benghazi but the failure to notify the relative haven't parties on capitol hill of both republicans and democrats. >>shepard: thank you from washington. with us now is the senior judicial analyst, who now also