For my money, the biggest problem with last week’s Senate Judiciary Committee hearing on hedge funds wasn’t what was said, but what wasn’t, namely, the evidence former SEC attorney Gary Aguirre says he has uncovered to justify his allegation that Morgan Stanley CEO John Mack was likely involved in an insider-trading scheme with hedge fund Pequot Capital.

           The hearings lasted more than a hour without a single committee member demanding that Aguirre explain how he has reached his conclusion about Mack, that has been the talk of Wall Street ever since the New York Times’ first broke his story. But that doesn’t mean that the evidence, whatever it is, won’t see the light of day. CNBC has learned that not only has the committee requested documents that Aguirre says proves his case, but will also conduct a full review of the information. People close to the committee say its chairman Arlen Spector will also likely issue some kind of statement on the merits of the case he developed.

           The move comes after the hearings received a fair amount of criticism for allowing Aguirre to state his case against Mack – namely that he was the likely tipper of inside information that led Pequot to profit off of a merger several years ago – without demanding that he also provide some proof. Both Morgan Stanley and Pequot have denied the charges, and in their denials, pointed out the Aguirre’s lack of supporting evidence. Aguirre, for his part, suggested that he couldn’t provide more details because the SEC had recently warned him about releasing confidential information from investigations.

           CNBC has learned that the judiciary committee has requested the documents from the senate banking committee, where Aguirre first brought his case, and will immediately begin its own examination of the evidence once it receives those documents. What that evidence is has been a subject of much debate around Wall Street in recent days. So far, Aguirre’s description has been vague; he has referred to “spread sheets” and emails that he says points to Mack as a key suspect in the allegedly suspicious trades. But it’s unclear exactly what those documents say. Officials at Pequot and Morgan deny the charges.

           One things is certain: Most lawyers I speak to and even people at the SEC don’t give much credence to Aguirre’s statement that the SEC’s notice would have prevented him from discussing the evidence. They say it’s virtually impossible to prosecute a whistleblower, particularly one involved in such a high profile case. That’s why I have launched my own examination. CNBC is in the process of contacting the various Senate committees to determine if Aguirre’s documents can be made public. We will also try and make contact with Aguirre to see if he can turn them over to us. Stay tuned.