Judge Napolitano joined Studio B today to discuss the latest developments on the Petraeus scandal. The FBI is reporting that Paula Broadwell, David Petraeus' alleged mistress, is cooperating and materials retrieved from her home are being looked at to determine if any crimes were committed.

With regard to the documents, Judge Napoltiano said, “We don’t know what level of security clearance she has. There are three levels. The president and General Petraeus and folks like that have the highest level. Bradley Manning of Wikileaks fame had the lowest level. Mrs. Broadwell probably had a level somewhere in between. So, the question is not ‘did she have any classified materials,’ the question is 'did she have classified materials to which she was not entitled.'”

Judge Napolitano also pointed out that if the investigation started out for an improper reason, and not because the FBI had evidence of criminal activity, there could be problems. “Everything that they found as a result of that investigation is questionable as to whether it can be used in any prosecution,” he said.

According to Napolitano, the FBI asserted that there is no criminal activity or national security implications in the case, so they should have halted the investigation once they concluded those facts. He also believes that the president knew about this before Election Day and there are more pieces of the story that need to come out.