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In a nice way. technically you are correct. he is subject to uniform code of military justice and adultery is the charge. >> judge jeanine: very interesting. i think he came out with it and said i did have an affair. he could have said i was resigning. general, always good to see you. thank you. coming up key members of congress react to the petraeus resignation. will we ever get the truth about the libyan massacre? later, secretary of state hillary clinton steps down in january. will benghazi be her legacy? i have a cold... i took dayquil,

Receiving danger pay. there are all these al-qaeda training camps they are complaining about. if she makes a decision not to testify will you prolong it, will you subpoena her? >> we are hoping it never comes to that. we will be hearing in our thursday hearing, hearing from security officers, one person is a 30-year retired c.i.a. security embassy officer who is going to tell us what kind of needs there were in the consulate in benghazi, why those needs perhaps were not met. we're going to be hearing from the gao and they will tell us the demand from state have not been met. they have not addr...

Would be able to know. we couldn't get the f.b.i. in there for four weeks. >> it was ridiculous. >> whose permission, we give them $132 million a year. >> to this day we have not secured the site and embassy in benghazi. >> as i mentioned before, in 1998, i led the team to east africa and we had the embassy secured in 24 hours. >> judge jeanine: thanks so much for being with us. that is it for tonight. thanks for joining us. e-mail us your comments. follow me on twitter at judge jeanine and we'll see you next week, same time and same place. [ female announcer ] today, jason is here

Are you familiar, congressman, i know you are former u.s. district attorney, once you are within the scope of an f.b.i. investigation that the chair and ranking members of key committees must be briefed by the f.b.i. do you think you'll be able to get into this investigation in addition to benghazi and the failure of this administration to protect americans, do you think you'll be able to get when the f.b.i. knew what they knew and what they should have said and to whom? >> i'm sure eventually. mike rogers is a former f.b.i. agent. he is the chairman of our intelligence committee. i suspect he...

To give it and then you find out that the f.b.i. has been looking at this in the spring, why didn't they then have his boss, general jim clapper, dave, is this true? if he said yes, we'll figure out, but you have to go. he knows that. they held it. you are right on his confirmation. then the normal process of how you handle that, when that is broken and the confidence how we handle senior people like that, then you start to wonder. it keeps coming back to benghazi and your points on benghazi. >> judge jeanine: i'm going to add to that once a senior official is within the scope of an f.b.i. inv...