ms. broadwell, what's her name again? >> paula broadwell's. >> paula broadwell's house and taking out boxes of stuff. now there san accusation that she may have had national security stuff in there? what's that all about. >> remember, she a reservist with military intelligence. she lt. colonel. it's not clear whether she was activated. but she did have a clearance at one point. so, supposedly, she took classified documents. she took them from government facilities but she wasn't allowed to have them in her house. so they are looking at whether or not national security breaches. david petraeus was not responsible for giving her those documents. kelley and petraeus at this point is just a personal matter an embarrassing personal matter, that's all. no other national security implications. >> between broadwell, yeah. between paula broadwell and david petraeus, it's an affair, there are questions whether she could be charged under the uniform code of military justice if she was activated in her military status lt. colonel. >>

ms. broadwell. >> eliot: charles swift, thank you for your answers. stated precisely what i have come to believe about this as well. the crime here was by the fbi that leaked in improperly to congress. that's where the investigation should go. maybe it will. for more on the political side of the president scandal. i'm joined by michael t oh omasky. welcome as well. >> nice to be with you yes. >> eliot: could he the president have refused the resignation of general petraeus and gone through the logic that we just followed that seems reasonable about what did and didn't happen that was wrong. >> i think he could have, yes. but you and i weren't in the room when they had that conversation. from the things i've read and the things i've heard it seems to me that petraeus was very pained by this situation, by the fact that this had become public and was becoming public. it looks to me that petraeus insisted on stepping down. that he felt that he had committed a breach, and that he had crossed a line, and that he really wanted the president to accept his res

ms. broadwell has, and i think it really is a legitimate thing to follow up on for these reasons. petraeus, you had a potential scandal there that would blow him up and blow him out of his career, which it did. secondly, he's a potential target of blackmail if he's having an illicit afair. third, there's the potential that you're compromising security. fourth, with due regard to the general who has a magnificent sterling record, this was a juvenile act and an act of -- really that unrealism and follow letha is hard to -- follow letha is -- folly that is hard to believe, running along the river with his girlfriend, all the rest of it. as he said in his resignation letter, his performance and his behavior was inconsistent with the organization that he led. >> that's far from isolated, pat, you know that. franklin roosevelt had a mistress. >> well, sure, but look what happened to -- john edwards was blown up. gary hart was blown up. bill clinton was almost blown out of the presidency. anybody that doesn't know this is going to be the consequence of what happens to you if you get invo

the online world and in this case what you are seeing is the e-mails that were coming from from ms broadwell going to our victim in this story as people have been talking about it were coming from an internet related e-mail account and therefore the f.b.i. as part of their normal course of investigating any crime are looking and saying where is that e-mail coming from who owns that e-mail who might be behind it where they're located and one piece after another goes into a file and then it's examined to figure out who's doing this and a report that. google released in a quest to be transparent kind of the numbers there really illustrate how common it is we see google's transparency report the u.s. is leading in the number of requests one to pull this graph up here we see that government requests have increased exponentially over the years and since two thousand and four the demand to snoop on e-mails and other internet activity you see rises dramatically so what do you think about that that the u.s. is really on the forefront of this compared to other countries especially when we really tell

court martial if they take this back to his period on active duty when his relationship began with ms broadwell again apparently the inappropriate didn't begin until after according what about what i've read and heard. i think that's unlikely that they would take him back on active duty to pursue that but it really concerns me the message that it sends you know the fear forces in the midst of a sexual scandal at lackland air force base the former deputy commander of the eighty second airborne was in court last week basing sexual misconduct charges and again the general mcchrystal in the most famous general of modern time to be caught up in this kind of scandal even in certain stances are markedly different i think it still sends a message to the troops that you know it's not a good message on testifying before congress i'm not sure if his resignation is effective immediately made assume is no longer a government employee still congress can issue a subpoena require him to show up and testify that the administration has an interesting position you know general petraeus was a national hero and the

indicted for improperly possessing classified information which is what alleged is alleged that ms broadwell had on her computer. so ministry should probably choose to do. yes certainly a lot of unknowns at this point in this very transitional time as we've just sort of wrapped up the election i guess at this point you just got to hope that the correct lessons are learned from this and improved upon retired colonel morris davis professor at howard university school of law thanks so much all across the country many people are honoring america's veterans observing veterans day today and saying thank you this is also the time the lawmakers are getting ready for what may be the final major fight of this congressional session here in washington the fight over the fiscal cliff part of which involves cutting defense spending in a major way but what does the federal holiday mean when returning soldiers can't find jobs or access benefits to treat mental and physical injuries suffered on the battlefield how can we better fight for the people who risked their lives to fight for us to answer these quest

ms. broadwell. they sure have a different meaning than when she first said them to cnn back in february. >> at some point i think he realized i was taking this research very seriously. i was sharing hardship with the troops and risk and so forth and decided to open up a little bit more access. but we had a relationship before i went there as far as this dissertation was concerned. so it just took it to another level. >> j.c. ekhart is a military life consultant and columnist. >> nice to see you. >> great you're here this morning. not to triflize all this because the security issues are quite serious, but this is sounding almost like a farfetched plot from the cable soap "army wives." now another woman is involved that paula broadwell allegedly sent her these harassing e-mails because of her friendship with the general. how does the military community make sense of all of this? >> i think the most important thing to remember about the petraeus family is that they have spent their entire marriage work

ms. broadwell's home, and removed boxes of information, some of which is classified?would totally disagree. general petraeus was the head of the cia. he wasn't running the fish and wildlife department. there is a duty under the law to inform the ranking and chairman of house and senate intelligence. that is to deal with every investigation. and with national security be compromised? perhaps it would. i think that should go to the level of the president. it should have definitely gone to those four people who were charged with that, the chairman an ranking member of the house and intelligence committees and the other thing that will be interesting is as a cia officer, you are supposed to report anything that has to do with quote, bonds of affection and that is again something we would know quickly and early in the information, but i want the president of the united states to make these decisions. president obama should have had that information and to with hold it from him is wrong. >> just to follow up on this point about the fbi searching paula broadwell's home this

ms. broadwell having an affair with david petraeus, has she potentially compromised his e-mail. thing we have to focus on here, david petraeus was never the target of the investigation, paula broadwell was for alleged stalking and then maybe compromising the director of the cia's e-mail which they found out later that actually is not what happened. so as this rises to the level of the director of the central intelligence agency, this is now reported up to fbi headquarters which says the prudent thing, which is well, first thing we need to do is let's keep a tight hold on this until we figure out what we have. so as this agent who was the friend of miss kelley is inquiring what's new with the case, what's new with the case, what's new with the case, at some point he's cut off. he's not thrown off the case, was never on it, but he's getting information on the case. he's apparently funneling it back to miss kelley. miss kelley is apparently later funneling some of that information to david petraeus, saying you know what -- this is an investigative nightmare. if you're trying to run

ms. broadwell, an issue we haven't talked about, she had classified information on her personal computer.here did it come from? that's a violation of the rules. that's where we might need an investigation. >> roger cressey, great to see you this morning. thank you. >>> now to democratic congressman from kentucky, john yarmouth. the other big story taking over the whole lexicon is fiscal cliff for everybody. great to have you here. while i want to talk about that, i want to ask you about the petraeus situation because you serve on the oversight committee and the national security and homeland defense subcommittee. with those responsibilities, what is your reaction to this news and petraeus' resignation? >> well, just listening to roger cressey, i couldn't agree more with anything that's been said about this whole situation than what he just said. i think anybody who tries to grandstand this or politicize it at this point risks making a total fool of themselves. this is a personal situation. there doesn't seem to be any security implications at all. if it had happened to another agency head

ms. broadwell was with the general in afghanistan on several trips. while he was commanding american forces in afghanistan. no relationship then? >> there was no relationship then, as far as an affair. the affair started after he had been in the cia, after he retired from the army. she took several trips to afghanistan probably over the length of his tour there, it was approximately five or six trips, each of about several weeks in length. that she was doing research for her book. in fact, he wasn't keenly aware that she was actually doing a book until after she had been there a couple times. up until this point, she initially started a dissertation on leadership when he was with the 101st airborne, when he was a division commander. so this kind of evolved over time. and for most of the times she was actually in afghanistan, my understanding is she was out in the field with the troops. >> i know the news of this shocked you. you were so close and have been so close to general petraeus for so long. and the whole story seems so at odds with the discipli

ms. broadwell and shy disseminated it to other people or something. that would be different. it would probably have nothing to do with benghazi, it's just a different track. i don't know that majority leader cantor not saying out in public before the election really matters. think these are apples and orjs, but politically the benghazi thing is a real sore spot for the administration. when they have their own investigation like mr. pickerings concluded and they can no longer cease from asking questions, it's going to be a very tough time for them. >> republican senator lindsay graham on "face the nation" this morning, molly ball, take a listen and see what he said on the other side. >> we have a national security failure in the making. i don't see how in the world you can find out what happened in benghazi, before, during and after the attack, if general petraeus doesn't testify. from my point of view, it's absolutely essential that he give testimony before the congress. >> molly, how is this benghazi back and forth likely to work out in light of these petraeus developments?

ms. broadwell at all in connection to this? >> no, we don't know that yet.nswered questions. there's a long list. we know the affair came to light from the u.s. officials during the course of the fbi investigation. and we know that petraeus was not the target of the investigation but they were investigating the suspicious e-mails. we also know from the source that the fbi did have a conversation with petraeus, still trying to put together the timeline on how all of these things, how quickly it happened, how long this investigation may have taken, susan. >> and do you know when petraeus' boss, the director of the national intelligence, know about this fbi probe and when did the president know about it? there's been a lot of buzz about was this known before the election, and did they wait until snow? >> right, a lot more of those blanks are fill in as well. it appears from the u.s. intelligence official that a lot of this happened just this week. if you can believe it, we're told by the u.s. intelligence official the fbi reached out to director clapper on tues

ms. broadwell with karl rove last weekend. >> stephanie: interesting.n. this could be like we have a lover's spat that involves a drone being sent to someone's house. i'll send a drone. >> that will ruin my whole wholesome impress of drones. >> stephanie: kelly received harassing emails from broad well sending them to the f.b.i. a friend said the nature of their friendship was unclear. hmm. >> david petraeus began this affair months ago just as a way of drawing attention away from benghazi before it happened. >> stephanie: i read in time magazine why mitt romney stopped talking about benghazi, they think because more of the blame is going to fall to petraeus. >> and condoleezza rice threw water on that whole thing. >> feinstein. >> we received no advance notice. it was like a lightning both. this is something that could have had an effect on national security. we should have been told. there is a way to do it. >> yeah, when the girlfriend went after the other woman and it became implied that she had access to petraeus' emails. i don't care what your con

ms. broadwell via a g male account. google runs gmale.merica's chief to leave himself vulnerable in this way is an astonishing lack of judgment for such a disspinned and experienced man. does "the wall street journal" have a point saying using a gmail account left him potentially vulnerable to blackmail or national security? >> it could. but the question is whether there is classified material exchanged or that she has gotten access to classified material through her relationship with him. that's what's looked at. as they go forward, they eventually interview her, they interview director petreus and determine immediately they both admit, yes, we were having this affair but it was personal, it was not related to giving of classified information and of course she's not a foreign national or an identified spy from another country. so in that sense as the investigation goes forward, they realize that there's borderline criminal activity, the u.s. attorney's office department of justice determine they're probably not going to prosecute her for

ms. broadwell and then going to petraeus. there was some -- i think there's some delay there. line of this investigation and the responsible chain of command are fascinating questions. >> let's peel back the curtain, though, a little bit. these stories now are being driven by very chatty people. you've got law enforcement people, military people, intelligence people, private lawyers for some of the people involved being extraordinarily chatty. you can imagine information being shut down. the chattiness doesn't necessarily mean they're all being accurate and honest and full. you're seeing stories that don't have reportedly or allegedly -- but at some point, people are start to pick at these accounts and find they're not totally consistent and in some cases self-serving. things being told about who knew what when, the accounts aren't going to add up because people are telling reporters things to try to control the story rather than to really put out a complete story. >> and again, and the question -- and we're going to figure this out. but when did ericho holder, the attorney ge

broadwell well. thank you for talking with us. so, let's go to ms. kelley now, whose name has now been added to this mix. 20,000 to 30,000 e-mail documents is what we're hearing about general allen says that he's done nothing wrong acco according to what chris lawrence just told us from the pentagon. how unusual would this be? i mean, she is the honorary social ambassador, which basically means a party planner. fill me in on what this means and the implications. >> soledad, i need to tell you, this is incredibly, as you said, it's incredibly confusing. i don't know where to start. first, 20,000 to 30,000 e-mails, of course, that's what's been suggested. investigators will figure all that out. that's a heck of a lot of time behind the computer sending notes to a party planner. from a senior officer who has, obviously, a bunch of things on his plate. and he's burning a lot of daylight spending time with a party planner over e-mail. so that's just bizarre, in my mind. the fact to the point of what has been described as an honorary ambassador to the comm

broadwell's north carolina home last night for more than four hours. >> the fbi agent who launched the investigation that led to petraeus resigning is himself being investigated. he sent shirtless pictures of himself to ms. kelley. >> where do shirtless pictures come into the scene? >> you know, remember when we said you couldn't have made this case up. >> president obama will likely nominate u.n. ambassador susan rice to replace hillary clinton as secretary of state. >>> the founder of the mcafee software company is wanted for questioning in a murder. mcafee hasn't been seen since. >>> a scandal on "sesame street." the puppeteer who performs as elmo admitted to having a relationship with a teenager. >>> a flight in brazil almost ended in tragedy. every dramatic moment, all of it captured on camera. >> oh! >> unbelievable pass for a touchdown! the steelers survive in overtime 16-13. >> all all that matters. >> you struggle for about three months to get this ticket going. losing never feels good. >> on "cbs this morning." >> general petraeus had an affair with his biographer, which means from now on, he'll only be having sex with his auto biographer. captioning funded by cbs >>> welcome to "cbs this morn