The U.S. military could have prevented one wave of the deadly attack on American personnel in Benghazi if fighter jets had been promptly deployed, a top diplomatic official who was in Benghazi during the Sept. 11 assault told congressional investigators.

The account, contained in a transcript obtained by Fox News, was given by Gregory Hicks during an interview last month with the House Oversight and Government Reform Committee. Hicks, a whistle-blower who is preparing to testify Wednesday before that committee, was deputy chief of mission at the U.S. Embassy in Libya — after Ambassador Chris Stevens was killed that night, he became the highest-ranking diplomat on the ground.

Hicks, in his interview, argued that after the first wave of attacks on the U.S. consulate, the U.S. military could have prevented additional violence with a quickly scrambled flight — after the first wave, terrorists would go on to launch a pre-dawn mortar assault on the CIA annex.

“And so, in my personal opinion, a fast-mover flying over Benghazi at some point, you know, as soon as possible might very well have prevented some of the bad things that happened that night,” Hicks said, according to the transcript.

He acknowledged that this would have required clearance from the Libyan government, since it is their airspace, but claimed the government would have approved such a flight.

This, he said, could have stopped that mortar assault.

“I believe if we had been able to scramble a fighter or aircraft or two over Benghazi as quickly as possible after the attack commenced, I believe there would not have been a mortar attack on the annex in the morning because I believe the Libyans would have split,” he said. “They would have been scared to death that we would have gotten a laser on them and killed them.”

Hicks suggested the Libyan government expected a request to use their airspace, and claimed the Libyans “were as surprised as we were” that U.S. military personnel did not arrive until later on.

Pentagon officials have said military assets were not in position to respond fast enough that night, and also have cautioned about the potential risks of sending additional military into the area.

“There was not enough time given the speed of the attack for armed military assets to respond,” former Defense Secretary Leon Panetta testified before the Senate Armed Services Committee in February. “We were not dealing with a prolonged or continuous assault which could have been brought to an end by a U.S. military response. … Time, distance, the lack of an adequate warning, events that moved very quickly on the ground prevented a more immediate response.”

Panetta, during an Oct. 25 briefing with reporters, also said that while the military was prepared to respond, the “basic principle is that you don’t deploy forces into harm’s way without knowing what’s going on.” He said the attack was over before “we had the opportunity to really know what was happening.”

Hicks acknowledged there were concerns that the nearest fighter jets did not have the requisite tankers in the area to support a flight.

However, he said a second rescue team that was supposed to go from Tripoli to Benghazi early that morning was told not to go.

He said Special Forces personnel were planning to board a C-130 flight at around 6 a.m. local time on Sept. 12.

“We fully intended for those guys to go, because we had already essentially stripped ourselves of our security presence, or our security capability to the bare minimum,” he said.

But he said the military team on the ground in Tripoli got a phone call when they were on their way to the flight telling them “you can’t go now, you don’t have authority to go now. And so they missed the flight.”

He added: “They were told not to board the flight, so they missed it,” apparently because they did not have the “right authority.”

The account is one of a series of new details and claims that are emerging about the night of the Benghazi attack in advance of congressional testimony.

Mark I. Thompson, a former Marine and now the deputy coordinator for operations in the agency’s counterterrorism bureau, has also claimed that then-Secretary of State Hillary Clinton and a key aide effectively tried to cut the department’s own counterterrorism bureau out of the chain of reporting and decision-making that night. He, too, is set to testify Wednesday.

Sources close to the congressional investigation who have been briefed on what Thompson will say tell Fox News the veteran counterterrorism official concluded on Sept. 11 that Clinton and Under Secretary for Management Patrick Kennedy tried to cut the counterterrorism bureau out of the loop as they and other Obama administration officials weighed how to respond to — and characterize — the Benghazi attacks.

White House Press Secretary Jay Carney denied the claim on Monday.

Daniel Benjamin, who ran the department’s Counterterrorism Bureau at the time, also put out a statement Monday morning strongly denying the charges.

“I ran the bureau then, and I can say now with certainty, as the former Coordinator for Counterterrorism, that this charge is simply untrue,” he said. “Though I was out of the country on official travel at the time of the attack, I was in frequent contact with the Department. At no time did I feel that the Bureau was in any way being left out of deliberations that it should have been part of.”

He went on to call his bureau a “central participant in the interagency discussion about the longer-term response to Benghazi.” He said “at no time was the Bureau sidelined or otherwise kept from carrying out its tasks.”

State Department spokesman Patrick Ventrell also said Monday that the new hearings appear to be political in nature.

Separately, a senior State Department official told Fox News that Hicks and Thompson both have “axes to grind.”

On the night of Sept. 11, as the Obama administration scrambled to respond to the Benghazi terror attacks, then-Secretary of State Hillary Clinton and a key aide effectively tried to cut the department’s own counterterrorism bureau out of the chain of reporting and decision-making, according to a “whistle-blower” witness from that bureau who will soon testify to the charge before Congress, Fox News has learned.

That witness is Mark I. Thompson, a former Marine and now the deputy coordinator for operations in the agency’s counterterrorism bureau. Sources tell Fox News Thompson will level the allegation against Clinton during testimony on Wednesday before the House Oversight and Government Reform Committee, chaired by Rep. Darrell Issa, R-Calif.

Fox News has also learned that another official from the counterterrorism bureau — independently of Thompson — voiced the same complaint about Clinton and Under Secretary for Management Patrick Kennedy to trusted national security colleagues back in October.

Extremists linked to Al Qaeda stormed the U.S. Consulate and a nearby annex on Sept. 11, in a heavily armed and well-coordinated eight-hour assault that killed the U.S. ambassador to Libya, Chris Stevens, and three other Americans.

Thompson considers himself a whistle-blower whose account was suppressed by the official investigative panel that Clinton convened to review the episode, the Accountability Review Board (ARB). Thompson’s lawyer, Joseph diGenova, a former U.S. attorney, has further alleged that his client has been subjected to threats and intimidation by as-yet-unnamed superiors at State, in advance of his cooperation with Congress.

Sources close to the congressional investigation who have been briefed on what Thompson will testify tell Fox News the veteran counterterrorism official concluded on Sept. 11 that Clinton and Kennedy tried to cut the counterterrorism bureau out of the loop as they and other Obama administration officials weighed how to respond to — and characterize — the Benghazi attacks.

“You should have seen what (Clinton) tried to do to us that night,” the second official in State’s counterterrorism bureau told colleagues back in October.  Those comments would appear to be corroborated by Thompson’s forthcoming testimony.

State Department spokeswoman Jen Psaki called the counterterrorism officials’ allegation “100 percent false.” A spokesman for Clinton said tersely that the charge is not true.

Thompson’s attorney, diGenova, would not comment for this article.

Documents from the State Department, the Central Intelligence Agency and the National Security Council, first published in the May 13 edition of “The Weekly Standard,” showed that senior officials from those agencies decided within days of the attacks to delete all references to Al Qaeda’s known involvement in them from “talking points” being prepared for those administration officers being sent out to discuss the attacks publicly.

Those talking points — and indeed, the statements of all senior Obama administration officials who commented publicly on Benghazi during the early days after the attacks — sought instead to depict the Americans’ deaths as the result of a spontaneous protest that went awry. The administration later acknowledged that there had been no such protest, as evidence mounted that Al Qaeda-linked terrorists had participated in the attacks. The latter conclusion had figured prominently in the earliest CIA drafts of the talking points, but was stricken by an ad hoc group of senior officials controlling the drafting process. Among those involved in prodding the deletions, the documents published by “The Weekly Standard” show, was State Department spokeswoman Victoria Nuland, who wrote at one point that the revisions were not sufficient to satisfy “my building’s leadership.”

The allegations of the two counterterrorism officials stand to return the former secretary of state to the center of the Benghazi story. Widely regarded as a leading potential candidate for the Democratic presidential nomination in 2016, Clinton has insisted she was not privy to decisions made by underlings about the inadequate security for the U.S. installations in Benghazi that were made in the run-up to the attacks. And she has portrayed her role — once the attacks became known in Washington — as that of a determined fact-finder who worked with colleagues to fashion the best possible response to the crisis.

Clinton testified about Benghazi for the first and only time in January of this year, shortly before leaving office. She had long delayed her testimony, at first because she cited the need for the ARB to complete its report, and then because she suffered a series of untimely health problems that included a stomach virus, a concussion sustained during a fall at home, and a blood clot near her brain, from which she has since recovered. However, Clinton was never interviewed by the ARB she convened.

Fox News disclosed last week that the conduct of the ARB is itself now under review by the State Department’s Office of Inspector General. A department spokesman said the OIG probe is examining all prior ARBs, not just the one established after Benghazi.

The counterterrorism officials, however, concluded that Clinton and Kennedy were immediately wary of the attacks being portrayed as acts of terrorism, and accordingly worked to prevent the counterterrorism bureau from having a role in the department’s early decision-making relating to them.

Also appearing before the oversight committee on Wednesday will be Gregory N. Hicks, the deputy chief of mission at the U.S. Embassy in Libya at the time of the Benghazi terrorist attacks. Like Thompson, Hicks is a career State Department official who considers himself a Benghazi whistle-blower. His attorney, Victoria Toensing, a former chief counsel to the Senate Intelligence Committee, has charged that Hicks, too, has faced threats of reprisal from unnamed superiors at State. (Toensing and diGenova, who are representing their respective clients pro bono, are married.)

Portions of the forthcoming testimony of Hicks — who was one of the last people to speak to Stevens, and who upon the ambassador’s death became the senior U.S. diplomat in Libya — were made public by Rep. Issa during an appearance on the CBS News program “Face the Nation” on Sunday.

Hicks told the committee that he and his colleagues on the ground in Libya that night knew instantly that Benghazi was a terrorist attack, and that he was astonished that no one drafting the administration’s talking points consulted with him before finalizing them, or before U.N. Ambassador Susan Rice delivered them on the Sunday talk shows of Sept. 16.

On the night of Sept. 11, as the Obama administration scrambled to respond to the Benghazi terror attacks, then-Secretary of State Hillary Clinton and a key aide effectively tried to cut the department’s own counterterrorism bureau out of the chain of reporting and decision-making, according to a “whistle-blower” witness from that bureau who will soon testify to the charge before Congress, Fox News has learned.

That witness is Mark I. Thompson, a former Marine and now the deputy coordinator for operations in the agency’s counterterrorism bureau. Sources tell Fox News Thompson will level the allegation against Clinton during testimony on Wednesday before the House Oversight and Government Reform Committee, chaired by Rep. Darrell Issa, R-Calif.

Fox News has also learned that another official from the counterterrorism bureau — independently of Thompson — voiced the same complaint about Clinton and Under Secretary for Management Patrick Kennedy to trusted national security colleagues back in October.

Extremists linked to Al Qaeda stormed the American consulate and a nearby annex on Sept. 11, in a heavily armed and well-coordinated eight-hour assault that killed the U.S. ambassador to Libya, Chris Stevens, and three other Americans.

Thompson considers himself a whistle-blower whose account was suppressed by the official investigative panel that Clinton convened to review the episode, the Accountability Review Board (ARB). Thompson’s lawyer, Joseph diGenova, a former U.S. attorney, has further alleged that his client has been subjected to threats and intimidation by as-yet-unnamed superiors at State, in advance of his cooperation with Congress.

Sources close to the congressional investigation who have been briefed on what Thompson will testify tell Fox News the veteran counterterrorism official concluded on Sept. 11 that Clinton and Kennedy tried to cut the counterterrorism bureau out of the loop as they and other Obama administration officials weighed how to respond to — and characterize — the Benghazi attacks.

“You should have seen what (Clinton) tried to do to us that night,” the second official in State’s counterterrorism bureau told colleagues back in October.  Those comments would appear to be corroborated by Thompson’s forthcoming testimony.

Neither Clinton, contacted through the Clinton Global Initiative, nor Kennedy, contacted through a State Department spokesman, returned requests for comment.

Thompson’s attorney, diGenova, would not comment for this article.

Documents from the State Department, the Central Intelligence Agency and the National Security Council, first published in the May 13 edition of “The Weekly Standard,” showed that senior officials from those agencies decided within days of the attacks to delete all references to Al Qaeda’s known involvement in them from “talking points” being prepared for those administration officers being sent out to discuss the attacks publicly.

Those talking points — and indeed, the statements of all senior Obama administration officials who commented publicly on Benghazi during the early days after the attacks — sought instead to depict the Americans’ deaths as the result of a spontaneous protest that went awry. The administration later acknowledged that there had been no such protest, as evidence mounted that Al Qaeda-linked terrorists had participated in the attacks. The latter conclusion had figured prominently in the earliest CIA drafts of the talking points, but was stricken by an ad hoc group of senior officials controlling the drafting process. Among those involved in prodding the deletions, the documents published by “The Weekly Standard” show, was State Department spokeswoman Victoria Nuland, who wrote at one point that the revisions were not sufficient to satisfy “my building’s leadership.”

The allegations of the two counterterrorism officials stand to return the former secretary of state to the center of the Benghazi story. Widely regarded as a leading potential candidate for the Democratic presidential nomination in 2016, Clinton has insisted she was not privy to decisions made by underlings about the inadequate security for the U.S. installations in Benghazi that were made in the run-up to the attacks. And she has portrayed her role — once the attacks became known in Washington — as that of a determined fact-finder who worked with colleagues to fashion the best possible response to the crisis.

Clinton testified about Benghazi for the first and only time in January of this year, shortly before leaving office. She had long delayed her testimony, at first because she cited the need for the ARB to complete its report, and then because she suffered a series of untimely health problems that included a stomach virus, a concussion sustained during a fall at home, and a blood clot near her brain, from which she has since recovered. However, Clinton was never interviewed by the ARB she convened.

Fox News disclosed last week that the conduct of the ARB is itself now under review by the State Department’s Office of Inspector General. A department spokesman said the OIG probe is examining all prior ARBs, not just the one established after Benghazi.

The counterterrorism officials, however, concluded that Clinton and Kennedy were immediately wary of the attacks being portrayed as acts of terrorism, and accordingly worked to prevent the counterterrorism bureau from having a role in the department’s early decision-making relating to them.

Also appearing before the oversight committee on Wednesday will be Gregory N. Hicks, the deputy chief of mission at the U.S. Embassy in Libya at the time of the Benghazi terrorist attacks. Like Thompson, Hicks is a career State Department official who considers himself a Benghazi whistle-blower. His attorney, Victoria Toensing, a former chief counsel to the Senate Intelligence Committee, has charged that Hicks, too, has faced threats of reprisal from unnamed superiors at State. (Toensing and diGenova, who are representing their respective clients pro bono, are married.)

Portions of the forthcoming testimony of Hicks — who was one of the last people to speak to Stevens, and who upon the ambassador’s death became the senior U.S. diplomat in Libya — were made public by Rep. Issa during an appearance on the CBS News program “Face the Nation” on Sunday.

Hicks told the committee that he and his colleagues on the ground in Libya that night knew instantly that Benghazi was a terrorist attack, and that he was astonished that no one drafting the administration’s talking points consulted with him before finalizing them, or before U.N. Ambassador Susan Rice delivered them on the Sunday talk shows of Sept. 16.

Utah Republican Rep. Jason Chaffetz suggested Sunday that potential witnesses to the 2012 Benghazi terror attacks are being intimidated by the State Department but they will come forward after so-called “whistle-blowers” testify this week before Congress.

“I think these people are afraid of retaliation, afraid of what the State Department will do to them,” Chaffetz, a member of the House Committee on Oversight and Government Reform, told “Fox News Sunday.”

Chaffetz’s remarks came one day after the committee announced three witnesses for its hearing Wednesday on the Sept. 11, 2012, fatal attacks on a U.S. outpost in Benghazi, Libya.

The witnesses are three career State Department officials: Gregory Hicks, the deputy chief of mission at the U.S. Embassy in Libya at the time of the attacks; Mark Thompson, a former Marine and now the deputy coordinator for operations in the agency’s Counterterrorism Bureau; and Eric Nordstrom, a diplomatic security officer who was the regional security officer in Libya, the top security officer in the country in the months leading up to the attacks.

“Others are out there and will testify,” Chaffetz said. He also suggested Thompson has been “suppressed” but did not say how.

President Obama and the State Department have denied knowledge of such actions.

“I’m not familiar with this notion that anybody has been blocked,” the president said last week.

Massachusetts Democrat Rep. Steve Lynch told Fox on Sunday that independent investigators interviewed more than 100 witnesses and determined “no breach of duty” during the attacks in which U.S. Ambassador Christopher Stevens and three other Americans were killed.

Lynch, also a member of the House oversight committee, defended House Democrats on the issue, saying the Republican-led chamber calls the hearings and picks witnesses.

“We don’t have the ability to hold a hearing,” he said.

Their identities have been a well-guarded secret, known only to their high-powered lawyers and a handful of House lawmakers and staff. But now Fox News has learned the names of the self-described Benghazi “whistleblowers” who are set to testify before a widely anticipated congressional hearing on Wednesday.

Appearing before the House Oversight and Government Reform Committee will be three career State Department officials: Gregory N. Hicks, the deputy chief of mission at the U.S. Embassy in Libya at the time of the Benghazi terrorist attacks; Mark I. Thompson, a former Marine and now the deputy coordinator for Operations in the agency’s Counterterrorism Bureau; and Eric Nordstrom, a diplomatic security officer who was the regional security officer in Libya, the top security officer in the country in the months leading up to the attacks.

U.S. Ambassador Christopher Stevens and three other Americans were killed in the Sept. 11, 2012, attacks on the U.S. outpost in Benghazi, Libya.

Hicks was at the time of the highest-ranking American diplomat in the country.

Nordstrom previously testified before the oversight committee, which is chaired by Rep. Darrell Issa, R-Calif., in October 2012. Of the three witnesses, he is the only one who does not consider himself a whistleblower. At last fall’s hearing, however, Nordstrom made headlines by detailing for lawmakers the series of requests that he, Ambassador Stevens, and others had made for enhanced security at the U.S. consulate in Benghazi in the period preceding the attacks, requests mostly rejected by State Department superiors.

Three new suspects have been charged in connection with the Boston Marathon bombing, two for conspiring to get rid of their friend’s incriminating backpack filled with gutted fireworks after learning he was a suspect in the April 15 terror attack, and another for lying to investigators, according to an FBI affidavit released Wednesday.

Dias Kadyrbayev and Azamat Tazhayakova both 19-year-old natives of Kazakhstan and friends of Dzhokhar Tsarnaev at UMass-Dartmouth, allegedly went to Tsarnaev’s dorm and took a laptop, the backpack and some Vaseline that may have been used in making the deadly pressure cooker bombs that killed three and injured more than 200 at the race. Police believe the bombs were packed with shrapnel and gunpowder removed from fireworks.

Robel Phillipos, of Cambridge, Mass., also 19, was charged with willfully making materially false statements to federal law enforcement officials during a terrorism investigation.

The affidavit filed in support of a complaint said Kadyrbayev was the one who carried out the disposal of the backpack after the three saw the fireworks that had been hollowed out and emptied of gunpowder.

“Kadyrbayev knew when he saw the empty fireworks that Tsarnaev was involved in the marathon bombing,” the affidavit reads. “Kadyrbayev decided to remove the backpack from the room in order to help his friend Tsarnaev avoid trouble.”

The three acted on April 18, three days after the bombing and hours after investigators aired surveillance footage identifying Tsarnaev and his older brother Tamerlan as the suspects in the bombing, though not by name, according to authorities. Phillipos first saw footage depicting Dzhokhar Tsarnaev on the news Thursday, and told Kadyrbayev over the phone that he suspected their friend was the bomber. When Kadyrbayev later texted Tsarnaev and said he bore a resemblance to the subject of an intense manhunt, Tsarnaev allegedly sent back a chilling response: “Lol, You better not text me.” He also texted Kadyrbayev to say, “Come to my room and take whatever you want,” according to the affidavit.

The exchange came just before 9 p.m. on April 18, a few hours before the Tsarnaev brothers would carjack a Chinese immigrant, murder an MIT police officer and engage in a wild shootout with police through the streets of Cambridge and Watertown, police say. Tamerlan Tsarnaev died April 19, after a shootout hours after authorities showed the brothers on surveillance video and named them as suspects.

Although the three new suspects initially appear to have stonewalled authorities, Phillipos came clean in a fourth interview, conducted April 26. He confessed that the three took the backpack out of their friend’s dorm room, according to the affidavit. Phillipos allegedly told investigators that the two others “started to freak out” after seeing Tsarnaev identified on television.

Prior to the latest development, authorities had named only the brothers as suspects in the bombing at the finish line of the world-famous race.

Kadyrbayev and Tazhayakov face maximum sentences of five years in prison and fines of $250,000. Phillipos, a U.S. citizen, faces a maximum sentence of eight years in prison and a $250,000 fine.

Kadyrbayev’s attorney, Robert Stahl, says his client will be transported to the federal courthouse later Wednesday to appear on new criminal charges. On Friday, Yerlan Kubashev with the Consulate General for Kazakhstan in New York confirmed in a statement to Fox News that the consulate is helping the young men with legal representation. Both Kadyrbayev and Tazhayakov will plea not guilty, according to their attorneys.

Kubashev said the two men are “shocked at the bombings,” and “they express sorrow to the bombing victims and their families.”

Dzhokhar Tsarnaev, 19, is in a prison hospital after being wounded in the shootout with police as he and his brother made their getaway attempt. He is charged with using a weapon of mass destruction to kill, a crime that carries a potential death sentence.

Authorities have searched the Rhode Island home of the parents of Katherine Russell, Tamerlan Tsarnaev’s widow.

The US government knows who organized the Benghazi attack that killed our ambassador and three others and yet he walks freely in Libya today. Why? The whistleblower says “we basically don’t want to upset anybody”.

Not only that, but he says the US is ignoring a much larger terrorist haven that is building in Libya and N. Africa. The whistleblower said “the second highest population of foreign fighters in the war in Iraq came from Benghazi – second to Saudi Arabia.” and that if we continue to ignore this threat it will take another invasion just to turn the tide.

Lastly, he says they are not allowed to capture or destroy any of Qadaffi’s weapons, like the 20,000 MANPADS (shoulder-launched missiles) that are floating around all over the place.

Watch:

President Obama said he is unaware of longstanding efforts by Republican lawmakers to question survivors of the Benghazi attacks but pledged to investigate it.

“I’m not familiar with this notion that anybody has been blocked from testifying,” the president said during a White House news conference on Tuesday. “So what I’ll do is I will find out what exactly you’re referring to.”

Obama’s pledge to find out more came as officials at the State Department pushed back against allegations — first aired Monday on Fox News — that career employees at the agency have been threatened if they furnish new information about the Benghazi attacks to members of Congress.

“The State Department is deeply committed to meeting its obligation to protect employees, and the State Department would never tolerate — tolerate or sanction — retaliation against whistle-blowers on any issue, including this one,” spokesman Patrick Ventrell told reporters at a briefing on Tuesday. “That’s an obligation we take very seriously — full stop.”

Four Americans, including U.S. ambassador to Libya Chris Stevens, were killed in terrorist attacks on U.S. installations in the port city of Benghazi, Libya on the night of Sept. 11, 2012. While the FBI investigation into the attacks continues, no known instances of any perpetrators being brought to justice have yet been reported.

Rep. Darrell Issa, R-Calif., chairman of the House Oversight and Government Reform Committee, will hold the first in a new round of hearings on the subject on May 8.

In two letters to the State Department, dated April 16 and April 26, Issa has sought explicit guidance on how attorneys representing witnesses with knowledge of the Benghazi attacks, including their prelude and aftermath, can receive the security clearances necessary to review classified materials.

“Attorneys representing Department personnel in this matter will require clearance to possess and discuss Top Secret and Sensitive Compartmented Information,” Issa wrote on April 16 to Mary McLeod, the principal deputy legal adviser to the State Department.

But Ventrell insisted Tuesday that no such whistle-blowers have come forward, and no requests for security clearances have been made by private attorneys.

Victoria Toensing, a former Justice Department official and onetime Republican counsel to the Senate intelligence committee, disclosed on Monday that she is representing a career State Department official who identifies himself as a whistle-blower. Toensing said this individual has been threatened by superiors with career-ending reprisals if he cooperates with the oversight committee.

“[The State Department has] had two letters from Chairman Issa, one on April 16th, the other one April 26th, that specifically say, ‘We want you to provide a process for clearing a lawyer to receive classified information,’” Toensing said during an interview Tuesday on “America’s Newsroom” with Fox News anchor Martha MacCallum.  “How can they possibly get up there and just lie to the press corps?”

Ventrell said that the State Department periodically sends out notices to the entire staff advising them of the protections whistle-blowers enjoy under federal law, and that such a notice, in accordance with regular practice every spring, was disseminated just last week.

Interviewed on the Los Angeles campus of the University of Southern California on Tuesday, Sen. John McCain, R-Ariz., argued the allegations of threats and intimidation expose the need for a more comprehensive probe of the Benghazi affair.

“People do not trust the president and his people,” McCain told Fox News. “That’s why we need a select committee.”

At least four career officials at the State Department and the Central Intelligence Agency have retained lawyers or are in the process of doing so, as they prepare to provide sensitive information about the Benghazi attacks to Congress, Fox News has learned.

Victoria Toensing, a former Justice Department official and Republican counsel to the Senate Intelligence Committee, is now representing one of the State Department employees. She told Fox News her client and some of the others, who consider themselves whistle-blowers, have been threatened by unnamed Obama administration officials.

“I’m not talking generally, I’m talking specifically about Benghazi – that people have been threatened,” Toensing said in an interview Monday. “And not just the State Department. People have been threatened at the CIA.”

Toensing declined to name her client. She also refused to say whether the individual was on the ground in Benghazi on the night of Sept. 11, 2012, when terrorist attacks on two U.S. installations in the Libyan city killed four Americans, including U.S. Ambassador to Libya Chris Stevens.

However, Toensing disclosed that her client has pertinent information on all three time periods investigators consider relevant to the attacks: the months that led up to the attack, when pleas by the ambassador and his staff for enhanced security in Benghazi were mostly rejected by senior officers at the State Department; the eight-hour time frame in which the attacks unfolded, and the eight-day period that followed the attacks, when Obama administration officials incorrectly described them as the result of a spontaneous protest over a video.

“It’s frightening, and they’re doing some very despicable threats to people,” she said. “Not ‘we’re going to kill you,’ or not ‘we’re going to prosecute you tomorrow,’ but they’re taking career people and making them well aware that their careers will be over [if they cooperate with congressional investigators].”

Federal law provides explicit protections for federal government employees who are identified as “whistle-blowers.” The laws aim to ensure these individuals will not face repercussions from their superiors, or from other quarters, in retaliation for their provision of information about corruption or other forms of wrongdoing to Congress, or to an agency’s inspector-general.

Rep. Darrell Issa, the Republican from California who chairs the House Oversight and Government Reform Committee, wrote to Secretary of State John Kerry on Friday to complain that the department has not provided a process by which attorneys like Toensing can receive the security clearances necessary for them to review classified documents and other key evidence.

“It is unavoidable that Department employees identifying themselves as witnesses in the Committee’s investigation will apply for a security clearance to allow their personal attorneys to handle sensitive or classified material,” Issa wrote. “The Department’s unwillingness to make the process for clearing an attorney more transparent appears to be an effort to interfere with the rights of employees to furnish information to Congress.”

The Obama administration maintains that it has been more than forthcoming on Benghazi and that it is time for the State Department to move on. At a recent hearing before the House Foreign Affairs Committee, Kerry noted that administration officials have testified at eight hearings on Benghazi, provided 20 briefings on the subject and turned over to Congress some 25,000 documents related to the killings.

“So if you have additional questions or you think there’s some document that somehow you need, I’ll work with you to try to get it and see if we can provide that to you,” Kerry told committee Chairman Rep. Ed Royce, R-Calif., on April 17. But Kerry added: “I do not want to spend the next year coming up here talking about Benghazi.”

Asked about Issa’s complaints about attorneys not receiving security clearances, State Department spokesman Patrick Ventrell on Monday indicated that – far from threatening anyone – the administration hasn’t been presented with any such cases. “I’m not aware of private counsel seeking security clearances or — or anything to that regard,” Ventrell told reporters. “I’m not aware of whistle-blowers one way or another.”

Ventrell cited the work of the FBI – whose probe of the attacks continues almost eight months later and without any known instances of perpetrators being brought to justice – and the Accountability Review Board. The board was an internal State Department review panel led by former U.S. Ambassador to the United Nations Thomas Pickering and former Chairman of the Joint Chiefs of Staff Adm. Mike Mullen. An unclassified version of the board’s final report that was released to the public contained no conclusions that suggested administration officials had willfully endangered their colleagues in Benghazi or had misled the public or Congress.

“And that should be enough,” Ventrell said at Monday’s press briefing. “Congress has its own prerogatives, but we’ve had a very thorough, independent investigation, which we completed and [which was] transparent and shared. And there are many folks who are, in a political manner, trying to sort of use this for their own political means, or ends.”

By James Rosen / Published April 29, 2013 / FoxNews.com