Fox News Senior Judicial Analyst Judge Andrew Napolitano joined Studio B to discuss Gen. David Petraeus’ resignation as CIA Director and pointedly asked, “What were FBI agents doing monitoring the secret emails of the director of the CIA? And, how is it the CIA didn’t know about it?”

According to Napolitano, in order for the FBI to be reading Petraeus’ emails, they would either need a search warrant from a federal judge or they’d have to write their own search warrant under the Patriot Act providing sufficient reason to believe the general was involved in terrorist activities. The only other way that they could have been monitoring his emails is by hacking into his computer, which would be a crime.

Napolitano argued, “General Petraeus just because he’s an adulterer doesn’t lose his constitutional rights. And he has the right to be protected from an unwarranted, unjustified investigation by the FBI or anyone.”