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Possible suspects. jenna: well, a stunning new claim from house intel committee chairman mike rogers who says the reason the investigation into the benghazi terror attacks appears stalled is because the obama administration wants to treat it like a criminal proceeding and bring all of the accused into a federal courtroom. catherine herridge is live in washington with more on this story. so, run, what's the latest on this? >> reporter: well, jenna, good morning. the head of the house intelligence committee who was briefed on the status of the investigation this week tells fox news that the admi...

It is basically two thirds plus one of the 115 elect terrors. if nobody reaches that mark on the first ballot they'll do it again on wednesday. two votes in the morning. two votes in the afternoon. they'll repeat that process thursday and friday. and if at the end of friday there is still no one who's gotten that 77-vote number, they will take a day off and then resume voting again on sunday. >> all right. anne thompson, thank you very much for your latest from the vatican and see what happens beginning on tuesday. thank you. new reaction from the white house today to the decision to bring a...

Surface. you mentioned that you actually met for lunch with a supreme court justice as part of your research. that you sang with him. >> did i. i managed to say who would be on the face of the planet the person most amenable to a page one rewrite of the constitution. that would be justice scalia, who has devoted himself to every word of the constitution. we had a lovely lunch and a lovely salad at the gallery. >> did you have any alcohol as part of that? >> no. it wasn't breakfast. he did enjoy, i think, my change for the article iii which is that we no longer serve for lifetime tenure in the ...

This court will recognize that and not take that step. >> let's bring in chris stirewalt, host of "power play" every day on foxnews.com live. chris, the line that got a lot of our attention, all of us listening to the speech, was this reference to an unelected group of people overturning a duly-passed law. but as i recall from article iii, we do have a judicial branch. >> well, there is that, shannon. the framers did put that in there. now, that's tough talk from the president. that is laying down the gauntlet and echoing an argument that we've heard from his supporters throughout this process...

They've done that on many occasions. >> professor turley, in a blog post today, you write, "it is the very definition of demagogue to dangle out the image of judges being clapped in irons to satisfy citizens angry over decisions by judges. article iii is designed to guarantee independence from people like gingrich so that judges can rule in favor of the constitution, and yes, at times, take positions disliked by the majority." i think you went on to say, other than that, it's fine with you. i'm joking. respond, if you would, to congressman watts. >> well, there's a great deal wrong with this. ...