ms. kelley and general allen.eon panetta announced it all in a statement released at 1:00 in the morning this morning saying the fbi referred the case to the pentagon. the pentagon is now investigating. let's get right to maryland congressman elijah cummings the ranking democrat on the house oversight committee. okay. let's start with general john allen which is the latest thing and we now know about announced by -- leon panetta at 1:00 in the morning. how much concern do you have about what's happening in the story? are we really just seeing sort of a tangled, you know, connections of what is essentially a sex scandal and nothing more than that? >> i'm not sure what it is. and i think that that's why we need to let these investigations go forward. to try to figure out what we have here. i do believe that it's becoming quite serious when you're talking about 20,000 to 30,000 e-mails. i think we need to let it run its course as one who has done investigations and as a lawyer i can tell you that i think what the fbi

ms. kelley and general allen. the problem for general allen is there a specific charge in the uniformed code of military justice, military law article 134 that applies to him as it might to general petraeus if he had an affair while he was in uniform. >> bill: he says he did not, correct? >> general allen is saying there was nothing going on between them. the problem is feel have looked in the emails and suggest there was flirtatious. the problem is that the nato command job is being held until this is determined what really went on. >> bill: all right. now, colonel shaffer, why should the folks care about this? we see powerful people through the history having, you know, whatever they want to have, all right? why should the folks care about this? >> because there is two reasons they ought to care. first, bill, this is a pattern now. we have several general officers, current and former behaving very badly. a general on trial at fort brad for any number of sex crimes. admiral relieved recently over something relati

ms. kelley. you're running a war, general, seriously, 30,000? it's not clear if the e-mails involved sexual material or classified information. general allen saying he has done nothing wrong. for the first time overnight secretary of defense leon panetta, who previously served as director of the cia weighed in about general petraeus' sudden resignation. reporters asked if general petraeus could be prosecuted if it was determined he was having an affair while on active duty. >> you know, i don't know. i don't know the answer to that. i guess i'm -- i'm reading the papers like you are to determine just, you know, what the committee finds out, what the ultimate investigation determines on that issue. you know, we are going to watch this closely to determine just exactly when that took place. >> but secretary panetta also seemed to side with lawmakers who said the fbi should have informed them earlier about the investigation. >> that's another issue i think we ought to look at. you know, as a former director of the cia and having worked very closely

ms. kelley has some problems of her own. >> this is joe kelley. i have a guy who is in by back yard and he is not leaving. if you could send somebody out. >> who is this guy do you know? >> i don't know who he is i'm honor consul general i have involiability. i don't know if they should be able to cross my property. i don't know if you want to get indictment i can protection involved as well lvet but now because that's against the law to cross my property because this is now, like, you know, it's inviolable. >> no arrest. ms. kelly doesn't have any diplomatic immunity. south korea might have given her some kind of honorary title but it means nothing. joining us from the pentagon where all hell is leaking loose fox news correspondent jennifer griffin. i want to take it simple for people who are kind of confused. i have to admit that i am one of those people. you have a situation where the fbi, let's start with the fbi. they going into ms. broadwell, what's her name again? >> paula broadwell's. >> paula broadwell's house and taking out boxes of stuf

ms. kelley and now he's under investigation. this is just -- this just looks bad all the way around. >> we're not sure if that's just exactly the only reason why he's under investigation. and we don't know exactly, you know, the nature of this shirtless picture. they are in florida. it could have been that the families were at the beach and he sent a picture of himself and others in swimsuits. we just don't know that at this point, if it was that type of picture or if it really was a lewd picture. a lot has been said about him being on the case and removed from the case. he was never the case agent. she went to him because she knew him and they were friends and said she had received these threatening e-mails. he reports that in the tampa office and it's immediately assigned to the people who are experts, the cyber squad. agent on that cyber squad would have been designated case agent. he was never the case agent. i think part of the reason he is under investigation now is at a later date when he was not in the loop of what was g

ms. kelley in tampa, senior department -- >> looking at me. >> well, these e-mails were flirtatious in nature. so can flirting be a good thing in the workplace? i actually -- >> i can't believe i'm asking you. >> i, actually, this is going to be controversial. i never had a problem with people having relationships in the workplace as long as it wasn't a direct subordinate. it's an natural eco system for people to meet. they spend all their waking hours, and flirting in and of itself can give good energy. there's different degrees of flirting. and i think every time people from the opposite sex usually interact or the same sex, there's some granular thing going on and it's okay. >> i have to take the -- put my legal hat on today because there's innately going to be a problem in your workplace even if you're not subordinate and boss. you're going to make an uncomfortable work environment for the other employees, and that is in violation -- >> very, very -- quickly, when leno went off the air, the most beautiful moment he said, here's my tribute and they opened up the curtain to all the families

ms. kelley over the last couple of years. we're hearing from ms. kelley for the first time in a 911 call to t don't know if by any chance, because i'm an honorary consul general, so i have inviolability, so they should not be able to cross my property. i don't know if you want to get diplomatic protection involved as well. but now it's against the law to cross my property since this is now like, you know, it's inviolable. >> all right. no problem. i'll let the officers know. >> thank you. >> meantime, the senate intelligence committee wants to be briefed both by petraeus and his replacement, michael morrell. cnn's jill dougherty is at the state department digging into some of this really confusing web i think it's fair to say. good morning to you, jill. >> hey, soledad. you know, let's begin with that honorary consul general. in tampa, apparently, from what we can understand, jill kelley was totally a volunteer. she was a volunteer with an international organization that greets international visitors, and then also, in some capacity, she was helping

ms. kelley and i'm told that he gave her his card and said if you ever need anything, and it's amazing whenany fates kind of turned on that gesture. >> yeah, that is exactly what i keep thinking, the what-ifs. if one thing hadn't happened it wouldn't have led to the next. michael daly, great writing on daily beast. we'll keep following that and have you back. up next, don't go there. it's the one step in the fiscal cliff fight that the president must avoid to escape the wrath of some of his most loyal supporters. you're watching "weekends with alex witt." one, olaf gets great rewards for his small business! pizza! [ garth ] olaf's small business earns 2% cash back on every purchase, every day! helium delivery. put it on my spark card! [ pop! ] [ garth ] why settle for less? great businesses deserve great rewards! awesome!!! [ male announcer ] the spark business card from capital one. choose unlimited rewards with 2% cash back or double miles on every purchase, every day! what's in your wallet? can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh...

ms. kelley made it clear to me that general petraeus put her in -- in this position. and that's why she was able to have access to such senior levels that they were essentially doing a favor for general petraeus. >> reporter: the new york businessman broke off dealing with kelley when she asked for an $80 million commission. no immediate comment from kel y kelley. a source said he had nothing to do with jill kelley's deal and had asked her to stop throwing his name around. brian ross, abc news, new york. >> apparently she was throwing it around. the name that is. >> careful. careful -- the company you keep. and also, one of the big issues here exactly what the administration knew. the white house response to benghazi was clumsy. and petraeus reportedly said, he never gave any talking points at all to susan rice the u.s. ambassador. and, i'm sorry, the u.n. ambassador for the u.s. and says he almost knew immediately this was a terror attack. what he tells congress behind closed doors today should be interesting to shedding some very credible light on what happened ther

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 morning." while you were sleeping, the scandal that brought down

ms. kelley's bombed husband. >> stephanie: do we have evidence that he's bombed? up. he's coast daily coast. there go. jacki schechner we're just hungry for can you feed our giant salaciou mall with any more details of the president scandal. >> i figure out the break that your caller was making there. he took it to the next chapter where jill kelley's husband gets depressed and drinks, and he throws himself into the booze. he was writing the next chapter. >> stephanie: very housewives of langley. everyone is writing a new chapter. >> i think that's what we did. we took it one step further.% >> stephanie: they lost me at the pirate party. jacki schechner with all the latest in the current news center. >> yes we're going to go to other news. now that the president has been re-elected, and they're moving forward as planned there are deadlines fast approaching. the states were supposed to submit plans to set up their health insurance exchanges by friday. now the deadline has been push back and they have until december 14th to submit their plans but this friday they ne

ms. kelley, was trying to make herself with the generals and the other brass who were in tampa. and she apparently got both general petraeus and general allen to write to the court in an acrimonious battle for custody for her sister's child. and read you from that letter, this is from general petraeus. we have on many occasions observed natalie and her son, including when we hosted them and the kelley family for christmas dinner this past year. in each case we have seen a very loving relationship signed general david petraeus. this is an ill trags of how she was trying to get as much as she could from the relationship with these military. >> jill, thank you so much. you called this a soap opera and i'm not sure any soap operas would try something this complicate. >>> for how the white house is reacting to this and whether it could weigh on the fiscal cliff deal, we turn to brianna kieler joining us from washington. brianna, where does the obama administration stand right now with all of this? >> reporter: well, right now we are hearing from the white house who says this won't af

ms. kelley. although it's not clear if the e-mails involved sexual material or classified information.n charlotte, north carolina, fbi agents searched the home of paula broadwell, seen leaving the home with boxes, suitcases, and photographs. new details, meanwhile, continue to emerge about the fbi's handling. >> so i wonder -- we've talked about judges offering warrants. i wonder what judge offered a warrant to go in there -- >> it's consent. >> this is consensual. >> yes, the fbi agent who launched the initial investigation was later pulled off the case due to inappropriate behavior, including allegedly sending shirtless photos of himself to jill kelley. >> that was sent before the investigation began. jill kelley went to him after receiving the shirtless photos about this complaint. >> and jill kelley is a friend of the petraeus family. that agent apparently grew concerned the investigation into the harassing e-mails had stalled. and contacted a member of congress. even though the white house reportedly was still unaware of the case. chair of the senate intelligence committee senator

ms. kelly and her husband for many years. >> this is the same fbi agent who sent jill kelley shirtless pictures of himself.e probably heard a lot of coverage about that. his lawyer goes onto say, among those pictures was one of mr. humphreys, posed with two dummies side-by-side with him. that picture was imbedded among other correspondence. there is nothing in the picture. there is no sexual combonenant in the picture. he merely reported the matter to the proper comwhennant of the bureau and had nothing to do with the investigation. he followed fbi protocol and did not have part of the case. that is from the attorney who said he is representing frederick. the agent who received the complaint from jill kelley that complaint within several months

ms. khawam's extreme distortions and severe psychological deficits. he called khawam a psychologically unstable person with an unsteady moral and ethical compass. >> pelley: now, to be clear, that case involves jill kelley's twin sister. you've been trying to reach both women today. what did you find? >> we got natalie, the twin sister's, lawyer, who didn't address the judge's comments there directly but allowed that any custody hearing involving children is an excruciatingly sensitive, painful and personal proceeding but he says he's not representing her any more. we also got a very high profile lawyer representing jill kelley now and he said as far as getting letters from petraeus and general allen, friends the v the right to write letters for friends. >> pelley: john, thank you very much. general allen flew to washington to prepare for his nato confirmation hearing, but now that that's on hold he'll be returning to afghanistan. his command was always set to end in february. the man nominated to replace him is general joseph dunford, assistant commandant of the marine corps. dunford has served 22 months in iraq, he was nominated by president obama october 10. part of his mission would be to help get u.s

kelley. so he wasn't taken off the case. what happens is as the information gets to is ms.ll having an affair with david petraeus, has she potentially compromised his e-mail. another 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 p