This transcript is automatically generated  US government knows who we this where he is so why hasn't the Libyan militia commander charged in the Ben -- attacked and arrested.  We're not the only ones who want to know senator Calais -- tweeting.  Why is his guy roaming free after being charged -- -- -- joins us nice to see senator.  -- senator why isn't this guy in custody if he's been charged.  I have no idea I mean right before.  We left for August to come home obviously we wrote and we wrote the new FBI director of the bus and said.  Give us an update on this investigation and then subsequently -- we learned that.  Look at Tolle who is part of an Islamist militant militia group in eastern Libya.  Has been charged but he's giving interviews to the media.  He is claimed that neither the Libyan authority is nor American authorities have even spoken to him.  And if -- charged him why is he roaming loose and Libya apparently we know where he is because the media media like CNN have been able interview him.  And yet we have not taken him in -- custody I don't understand it.  Obviously the others that have been charged that -- alleged to have been the charged recently should be interrogated so we get to the bottom of us.  But that's also spoke to -- I think fox spoke to him that many months ago Syria as a demeaning and five spoken by the glass ball and Reuters spoke to him.  In that I act over eight feet which is that the little over -- -- -- -- been talking to this guy.  Our rights I I tend to be a little bit hot head out IR standout wide what you're in the senate seat on that -- -- the majority the house should be back in session they should debt issued a subpoena to -- FBI director Paul I'm up there and get the answer -- get it you know.  -- immediately we led the way these things drag on is like insane.  Greta I degree -- I mean in the sense that we did not also for I heard from.  The people who -- actually there on the ground at the attack the survivors.  Yet as far as I know I know that the house.  Has been doing you know trying to investigate this very thoroughly chairman -- up.  But I don't think we've even heard from the survivors yet and that's very important.  But in terms of public safety here we have people who are charged but a terrorist attack where our ambassador in three Americans have been murdered.  And he's running around Libya we haven't picked him up the Libyan authorities haven't picked him up why isn't he being interrogated wise and he in custody.  If it's important not to charge him -- -- -- and we've alleged that he's been involved and other charges haven't been made public yet why is he not in custody.  It doesn't make any sense.  Why you are former AG in New Hampshire I've been an equivalent justice system to on the other side of the aisle and there there are mechanisms to really make this stuff happen if you really want to a minute you know whether it's GO subpoenas to get people -- testified.  Or whether it's you know getting insert diplomatic get permission to go over and and pick somebody up like -- got those we've got him enough money.  They're gonna let us do something that would -- -- there mean did the -- the reason -- it.  There is -- there's a reason so we just doesn't give a damn because this could happen if say if you know it's not that difficult.  I really regret I think that you think about it.  Why haven't we asked that -- authorities to pick him up demanded frankly with all the assistance we've given them.  And let's not forget the Libyan president came out right after this and basically said.  Before we even did that he thought that this was an active you know terrorist act and the act of malicious.  So we need to make sure that this -- taken into custody all the others that are included in the secret indictment should be taken into custody.  And if we can't make that happen in Libya.  How we didn't make that happen in other areas the world so we should have a lot of leverage in Libya given what we did and involved in overthrowing Qaddafi.  If my memory serves me -- in -- one of the first piece of chatter that came out of Libya after September 11 this ans -- Al Sharia was part of it -- was taking claimed responsibility the awesome again -- for the next step three weeks is silly video story so right from the get go and this guy is the leader of that Libyan -- -- faction semi something's just not right and if we knew it then.  And have CNN could talk to write a fox could talk to last Bob Ward has been docked on the CNN can now we've got -- charged.  Something's really wrong with us -- Something is really wrong and think about it answer Austria claimed responsibility right after the terrorist attack.  So this is a key group in all of this he himself by the way has admitted.  To being at the consulate but claiming that he only came to help.  Libyans that we're in distress -- mean that explanation doesn't make any sense is something you said the New York Times as well is given so many interviews at this point.  Yet apparently according to him.  The living authorities nor the FBI have interviewed him it just doesn't add up with with our background and because of justice -- I mean this isn't a situation where.  He -- -- been tipped off that he's been charged in yet we still haven't picked him up.  Senator we have so many we have so -- video from that consulate the CIA does a State Department because there watching me.  There is video of who is there -- -- realizes nighttime but you know then there's so much that says that and that we had information we have about what happened that night I believe with the video.  And so I NF NF they look the the video and if they've charged this guy never picked up.  Some -- desperately wrong but I don't think the last quarter that thank you senator.
Sen. Kelly Ayotte urges the Obama administration to act quickly on sealed criminal charges filed against Benghazi attack suspects