Did the White House know before Election Day about the scandal involving Gen. David Petraeus?

That was the question posed this morning on Fox and Friends to Judge Andrew Napolitano, author of the new book Theodore and Woodrow.

Napolitano said the notion that the White House didn't know until last week about Petraeus' affair with his biographer, Paula Broadwell, is "utter nonsense."

"The president doesn't know about this? He gets briefed by the head of the FBI every week!" Napolitano pointed out. The judge, who wrote an opinion piece today on FoxNews.com entitled 'Silencing Petraeus,' said it's obvious to him that somebody "wanted to silence General Petraeus, somebody wanted to get him out of the job."

He also explained that Gen. Petraeus underwent a thorough background check before becoming CIA Director a year and a half ago, so his relationship with Broadwell would have been uncovered long ago.

"(The affair) was known and whispered about when he was the commander of troops in Afghanistan - that he was spending too much time with this woman, she was getting too much preferential treatment," said Napolitano.

Watch the rest of the judge's analysis: