NYT: F.B.I. and Justice Dept. Said to Seek Charges for Petraeus

Originally posted at The New York Times.

The F.B.I. and Justice Department prosecutors have recommended bringing felony charges against David H. Petraeus, contending that he provided classified information to a lover while he was director of the C.I.A., officials said, and leaving Attorney General Eric H. Holder Jr. to decide whether to seek an indictment that could send the pre-eminent military officer of his generation to prison.

The Justice Department investigation stems from an affair Mr. Petraeus had with Paula Broadwell, an Army Reserve officer who was writing his biography, and focuses on whether he gave her access to his C.I.A. email account and other highly classified information.

F.B.I. agents discovered classified documents on her computer after Mr. Petraeus resigned from the C.I.A. in 2012 when the affair became public.

Mr. Petraeus, a retired four-star general who served as commander of American forces in both Iraq and Afghanistan, has said he never provided classified information to Ms. Broadwell, and has indicated to the Justice Department that he has no interest in a plea deal that would spare him an embarrassing trial. A lawyer for Mr. Petraeus, Robert B. Barnett, said Friday he had no comment.

The officials who said that charges had been recommended were briefed on the investigation but asked for anonymity because they were not authorized to discuss it.

Mr. Holder was expected to decide by the end of last year whether to bring charges against Mr. Petraeus, but he has not indicated how he plans to proceed. The delay has frustrated some Justice Department and F.B.I. officials and investigators who have questioned whether Mr. Petraeus has received special treatment at a time Mr. Holder has led a crackdown on government officials who reveal secrets to journalists.

The protracted process has also frustrated Mr. Petraeus’s friends and political allies, who say it is unfair to keep the matter hanging over his head. Senator John McCain, Republican of Arizona, wrote to Mr. Holder last month that the investigation had deprived the nation of wisdom from one of its most experienced leaders.

“At this critical moment in our nation’s security,” he wrote, “Congress and the American people cannot afford to have his voice silenced or curtailed by the shadow of a long-running, unresolved investigation marked by leaks from anonymous sources.”

Since his resignation from the C.I.A. on Nov. 10, 2012, Mr. Petraeus has divided his time between teaching, making lucrative speeches and working as a partner in one of the world’s largest private-equity firms, Kohlberg Kravis Roberts.

Mr. Holder has said little publicly about the investigation. The F.B.I. director, James B. Comey, asked by reporters in December why it was taking so long, said: “I can’t say. I mean, I guess I could say, but I won’t say.”

Marc Raimondi, a Justice Department spokesman, declined to comment on the investigation.

At a news conference shortly after Mr. Petraeus resigned, President Obama said he had no evidence that Mr. Petraeus had disclosed classified information “that in any way would have had a negative impact on our national security.”

“We are safer because of the work that Dave Petraeus has done,” Mr. Obama said, referring to his career in government. “And my main hope right now is — is that he and his family are able to move on and that this ends up being a single side note on what has otherwise been an extraordinary career.”

But investigators concluded that, whether or not the disclosure harmed national security, it amounted to a significant security breach in the office of one of the nation’s most trusted intelligence leaders. They recommended that Mr. Petraeus face charges, saying lower-ranking officials had been prosecuted for far less.

Federal agents stumbled onto the affair after Jill Kelley, a friend of Mr. Petraeus’s, complained to the F.B.I. that she had received anonymous threatening emails about her relationship with Mr. Petraeus. F.B.I. agents opened a cyberstalking investigation, traced the message to Ms. Broadwell and began searching her emails. That is when they discovered evidence that she and Mr. Petraeus were having an affair.

Mr. Petraeus is said to have begun the affair with Ms. Broadwell in 2011, soon after taking the job at the C.I.A. and while she was interviewing him for her book, “All In: The Education of General David Petraeus.”

Mr. Petraeus resigned from the C.I.A. three days after Mr. Obama was re-elected. In a brief statement, Mr. Petraeus admitted to the affair, saying that “after being married for over 37 years, I showed extremely poor judgment.”

“Such behavior is unacceptable, both as a husband and as the leader of an organization such as ours,” Mr. Petraeus said, referring to the C.I.A. “This afternoon, the president graciously accepted my resignation.”

Mr. Petraeus, 62, a graduate of the United States Military Academy at West Point, took command of American forces in Iraq in 2007, one of the lowest points in the war. Al Qaeda controlled large parts of the country, and dozens of American soldiers were dying each month.

Mr. Petraeus directed the so-called surge of American forces that helped stabilize Iraq enough so that the United States could withdraw its troops under Mr. Obama. In 2010, Mr. Obama chose him to lead American forces in Afghanistan, where the Taliban was gaining territory. Mr. Petraeus had some success — although not nearly as much as he had in Iraq.

Along with his acumen on the battlefield, Mr. Petraeus was considered a natural political operator in Washington, where he easily navigated the politics of Congress, the White House and the Pentagon.

He fielded calls to run for president and cultivated a larger-than-life media image. All the while, he remained a trusted adviser to Mr. Obama, who appointed him to lead the C.I.A. in 2011.

Read more at The New York Times.


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  • Caroline Plumlee says:

    January 10, 2015 at 11:47 AM

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  • James E Bailey says:

    January 10, 2015 at 4:23 PM

    What is happening to our country and our people? This administration is intent on locking up our heroes and giving ‘get-out-of-jail-free’ cards to the criminals and especially including our liar-in-chief, unamerican, Marxist, criminal president and his appointed lackies of the same ilk. Everything in the US is being turned upside down by the progressives (politically-correct name for communists) and NOBODY is doing anything about it. Even the TRUE American constitutionalists in the elective offices in the US government merely give lip service to the American people and take no meaninful action to counter this lawless administration. It is now the government of the government, by the government and for the government for quite some time now and especially in the last six years

    What has to happen in order to get things back on track? Taxpayers refusing to pay their taxes? A military coup taking over the government? Assassinations of the corrupt government officials? another American Revolution? or just say, “F**k it” and let our enemies fix it for us in their own way and image. I am at the point of the latter. I am satisfied and content that I have given all that I could give to my country and, although it was to no avail, I can truthfully say that I’ve done more than should be expected given my peon status as inferred by our government.

    I’m just glad that I’m old and won’t have to deal with it physically or mentally for much longer and leave it to the next lazy, liberal and mostly uninformed generations to deal with it. I hope they’ll all be happy with the outcome after they’re enslaved by our enemies brought on by their own self-indulgences and outright ignorance of what is important. These people can name every Hollywood actor, what movies and shows they were in, everyone they’ve been married to, how much money they make, all the scandals they’re involved in, etc., etc. but are unable to name their congressional representatives, the three branches of our government or even the vice president.

  • Overtaxed says:

    January 10, 2015 at 6:12 PM

    Petreus seems like a man who might have covert, black ops type connections. Let’s hope he uses them.

  • ken says:

    January 10, 2015 at 8:18 PM

    And Obamalamadingdong and his cronies can talk about Delta Force and SEAL Team 6 to reporters about highly classified military operations with no fear of retribution. Thank is total crap.

  • Ponderable says:

    January 11, 2015 at 5:47 AM

    Is Obama dangling this indictment over Petraeus right now as a threat to keep him from saying all he knows about Benghazi in the upcoming hearings? Pretty suspicious timing to me.

  • Ron Clark Ball says:

    January 11, 2015 at 2:02 PM

    With only two years to go before a new administration is at the helm, Eric Holder may be weighing the wisdom behind going after General Petraeus by indicting him on felony charges for leaking secrets to his mistress. Petraeus denies the, as it stands now, unofficial charge that his post-coital pillow talk strayed into the realm of sensitive national security matters and constituted a violation of law. Anyway, a dubious at best case against the general would take years, cost the taxpayers millions, and in the end it’s doubtful that the Department of Justice would prevail.

    One consideration of course, is that the mistress, Lt. Col Paula Broadwell, who was also an Army Reserve officer, had both Top Secret and Sensitive Information Clearances. In addition, set aside for a moment that the general is a certified national hero, as a partner of billionaire leverage buyout king Henry Kravis at KKR, General Petraeus has no shortage of brilliant legal defense with indefinite staying power. Besides, Eric Holder might instead be weighing possible felony prosecution of another kind should the political flag of a new administration blow the other way, and that’s obstruction of justice on a multitude of various cases over the last six years. The charges would of course be against Eric Holder. Maybe Holder should ask Bill Clinton what the wise thing to do would be.