>> we didn't have anything on him either or we would have made point to tunisias to turn him over to us. >> two weeks earlier in the benghazi hearing, secretary clinton said she spoke with mueller about whether the government's case could be made public. >> director mueller and i spoke about this at some length. there was not an ability for evidence to be presented yet that was cape to believe be presented in open court. >> clinton said the tunisians promised to keep tabs on him. >> we have been assured that he is under the monitoring of the court. i have no reason to believe he is not still in tunis but we are checking that all the time. >> when fox news asked for update given clinton's statement to congress, the state department deflected. >> the f.b.i. has the lead in the benghazi investigation. i don't have anything to share. it will send you to the f.b.i. >> no immediate response.