(CNSNews.com) - Former U.S. Attorney Joseph diGenova says he'll be happy if Democrats decide not to appoint members to the special select committee on Benghazi that Republicans plan to establish.
"I'm delighted the Democrats don't want to participate. All they would do is obstruct," diGenova told WMAL talk radio in Washington, D.C. Monday morning.
"The president is going to pay a price ultimately," he added. "It may not be today, it may not be tomorrow, but his performance and Leon Panetta's was shameful that night."
DiGenova says on the night of the Sept. 11, 2012 attacks that killed four Americans, including U.S. Ambassador Chris Stevens, President Obama did nothing to rescue Americans on the ground and under fire.
"He was doing other things. And this needs to be answered," diGenova said. "Where was the president -- what did he do, hour by hour?"
DiGenova said Obama's actions will not withstand scrutiny, and that's why the White House "lied later and that's why they tried to cover up."
Likewise, diGenova said former Defense Secretary Panetta also has a lot of explaining to do: "He has never been forced to honestly say what he discussed with the president, why he didn't dispatch troops, why people were forced to shut up after all this happened."
DiGenvoa also criticized Panetta's performance that night:
"He should have told the president, Mr. President, you've got to send people in -- even if we don't know we can win. We've got to send them.
"You never leave people on the battlefield. That's what they did. That's what they're afraid of...and if Democrats attempt to delegitimize this, it will never work."
DiGenova says Benghazi has "now reached the level of recognition in the public psyche that this can no longer be ignored. In addition, it is now clear that crimes were committed in the coverup; Congress was denied documents purposely, documents were changed that were sent to Capitol Hill.
"This is obstruction of justice, obstruction of a congressional investigation. And even though there may be no criminal prosecution out of it...because of the totally politicized Justice Department, there is going to be a select committee...and if Democrats don't want to participate, I say fantastic."
DiGenova predicted a "wag the dog" scenario:
"I am predicting right now that the president is now, because of the problem associated with Benghazi, is actually going to order the special forces and the CIA to go into Libya and get the people who committed the crime, something he has been unwilling to do up until now."