This transcript is automatically generated
-- was is proper should he have stopped once he found out.
Who was sending the harassing emails joining me now Fox News legal analyst les wheel and -- That's -- the first question is I've lecture he should be -- rooting through this a friend Joseph Kelly says they can you help me out.
But once he got the information for her right did cool would he keep going well he -- Haven't we don't know what he opened up an official file and under under the filed a heading enough I would be pop potential cyberspace stocking.
That is under FBI's check out pure review so -- it -- Open it up and that would've just been fine.
As he went along on the searched out any was able to see that look -- word -- attaching what Kelly got.
To brought well to Petraeus.
I mean that then would.
Arguably argue I'm just going through the FBI's mentality at that point.
Would say hey we've got something more than just your garden variety cyber stalking and harassing case -- we may have an issue of.
Of national secure I understand once general -- -- name popped right but it seemed like way back before them.
I still question and this gets into the privacy of our -- right -- law enforcement start rooting through our emails.
I have a friend -- law enforcement I call them up when I say.
I'm getting these -- yet have.
Do they most often -- 99% of the time no they do not.
FBI has a lot to did you.
Rather than you know reflect current and aren't even as it sounds like that -- this one it but yes it sounds like well armed and little bit of untoward friendship their -- -- yet but.
But can they do it legally can they do it yes.
Mean here's a little bit different because these were private computers you should know Tom and everybody should know that you're on at a company computer military computer a private companies computer -- -- your Blackberry your computer.
A phone anything like that in the building you have no expectation of privacy right that's different in your own home.
But still the cyber law the cyber stalking does apply to your own home so.
It was okay -- for him to -- it to sign up -- at least start to look through those Cyprus to just talking now if there was nothing there and apparently there were twenty or thirty Tulsa pages if there was really nothing there after the first ten or fifteen pages.
Yes I think most of BI agents would have dropped but one he found those other names then it became a whole different issue.
And we don't know how soon in that'll tell -- -- did to me it sounds like -- to fishing expedition.
Yes for a bit but it's Kelly was very adamant saying this FBI agent I'm telling you look through these 2030000 pages they're they're stuck here -- bad stuff here they're stocking material here.
He has a right -- an FBI agents do not all of them not most of them aren't -- Let's go through the law on this and because.
You know we think at some point you have to have you got until a judge -- you -- -- at least under the Patriot Act of some reason.
To say I think of crime is being committed right OK let's start why I mean there's.
If if not exactly the incidents -- low western militaries let's go through we just talked about site restocking all right.
It doesn't seem to me that unless things come out that we don't know that there really is enough here to add to mount the case of cyber stockings sound -- with a lot of flirtatious.
But you know is going both ways that's not stocking stocking is -- One side is getting in and clearly doesn't want to be getting those materials and he's innocent you know please stop and he says that kind of think.
So far we have no evidence about here.
You were talking about adultery well in the military article 130 forge -- general article.
Could make it a market a court martial crime that you punched up truly in the military and military now.
It Petraeus is no longer in the military.
Brought well it's -- -- well with and part of this affairs well so in the military there's a potential for charged.
Tom doesn't happen very often now it doesn't happen very often.
The way the military looks at 134 charges is -- the adultery could have led or did lead to at least merging of the military.
Or the release of national security secrets and that's we need to get to next right.
Then there's -- -- more of a potential that's a very important part of a military for trust but let's get to that next point because -- is that Ager when he army -- GS intelligence officer yes and let's go through their two different statutes that the governor Petraeus could be under.
Eighteen USC 793.
Gathering transmitting or losing defense information.
Or eighteen USC 798.
Disclosure of classified information so under either of those in both which -- 1010 year maximum penalty.
If he gathered information classified information and then -- -- that information to -- it is too broad well.
That could arguably -- some arguably.
Fall squarely -- either of these two -- and he'd be looking at a lot of trouble now brought analysts and that would ever material you down.
On my computer that you -- to be classified it did not get for Petraeus.
Did worded it come from -- I hate to be passed the -- -- -- can have well not -- -- what are you came from pillow talk or.
How did it how did -- get so they would have to prove a prosecution Oscar to brought well under eighteen USC eighteen.
Unauthorized removal and retention of classified information documents immaterial.
That would give her up to a year in prison maximum prison if she retained information that she was given knowing that it was classified so that -- getting -- -- The REIT and -- -- open to giving it over and the retaining both sides could be a do you view -- former federal prosecutor.
This is one of these cases where they try to make an example lot of the -- -- so high profile.
Possibly and depending on what's in those emails.
We don't know yet with -- a lot of you know talk but we don't know exactly what's in those emails and -- classified they are.
-- -- Thank you for your expertise and it -- to dig.