Gen. Petraeus Could Face Court-martial.

The Army could force retired Gen. David Petraeus back into uniform to face charges if ongoing investigations turn up evidence of an earlier timeline for the start of his affair with Paula Broadwell, military law experts said.
“As a regular officer, you’re subject to court-martial jurisdiction forever,” said Michael Noone, a Catholic University law professor and a retired Air Force colonel and judge advocate general.
“Theoretically, Petraeus would be subject to court-martial for any offenses discovered after he leaves service,” and could be called back to duty to answer for them although the prospect was unlikely.
The most obvious offense that Petraeus could face would be adultery, a violation of Article 134 of the Uniform Code of Military Justice, but adultery charges in the military are rare and rarer still as stand-alone offenses.

Petraeus has been as careful in admitting to the affair as he was careless in becoming involved with Broadwell, a West Point graduate and lieutenant colonel in the Army reserves.

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Through former military aides, Petraeus has put out word that the sexual relationship with Broadwell did not begin until after he retired from active duty and became CIA director in September 2011, although she was closely involved with him for several years while working on her book “All In: The Education of David Petraeus.”
And even if proof emerged of a sexual relationship before Petraeus retired, the military would be unlikely to pursue it. “The chances are low, if any, of that happening,” Cave said. “I’m not convinced that would change things dramatically.”
“But if evidence of abuse of status or the misuse of government funds” to further the relationship with Broadwell came to light, “that would be an extraordinary change in the landscape,” Cave said.
The FBI investigation of the affair is still open. It began with a complaint from Florida socialite Jill Kelley to an FBI friend about allegedly threatening emails she was receiving. The emails were eventually traced to Broadwell, who apparently saw Kelley as a rival.
The email trail then led to Marine Gen. John Allen, who succeeded Petraeus as overall commander in Afghanistan. Allen had exchanged a large volume of email with Kelley.
Allen’s nomination as head of U.S. European Command has now been put on hold while the Defense Department’s Inspector General investigates the Allen-Kelley emails, which have been described by a defense official as possibly “inappropriate and flirtatious.”
The Inspector General’s office of the CIA is also investigating whether Petraeus may have disclosed classified information to Broadwell during their involvement.
Despite the ongoing investigations, the consensus of several military law experts was that there was little appetite to pursue a case against Petraeus.
“Sure, in theory he could be brought back into the military, but that’s not going to happen,” said Gary Solis, a Marine Vietnam veteran and a former JAG who is now a professor at the Georgetown University Law Center. “Nobody is going to charge David Petraeus.”

Rats Deserting A Sinking Ship

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Rats Deserting A Sinking Ship

by London Steverson on Friday, November 9, 2012 at 8:33pm ·

David Petraeus, the man at the helm of the CAI, the nation's largest intelligence agency, stepped down as director on Friday 9 November 2012, saying he had an extramarital affair.
The resignation comes at a difficult time for the agency and Obama administration, which has been under intense scrutiny from Republican lawmakers for the September attack on a U.S. facility in Benghazi, Libya, that left four Americans -- including the Ambassador Christopher Stevens and two CIA contractors -- dead.

 Petraeus and other top U.S. intelligence officials were scheduled to speak next week at a closed-door session of the Senate Intelligence Committee about the Benghazi incident as well as intelligence and security in the region. . Petraeus gave the orders that sent a CIA team flying into Benghazi in a vain attempt to rescue Americans. Two members of that team were killed on that mission.

His reputation was potentially tarnished by the controversy over the terror attack on the U.S. mission in Benghazi, Libya, that killed Ambassador Christopher Stevens and three other Americans in September.
Some Republicans have privately said they were disappointed in Petraeus for sticking as long as he did to the initial intelligence assessment that the attack erupted from a spontaneous protest against an anti-Islam video on the Web.

For many weeks the White House had come under intense pressure for the attack, before it finally emerged that the CIA had actually played a central role in the episode. Two of the Americans killed were identified as undercover agents for the CIA, and the vast majority of Americans on the ground that night turned out to be with the agency.
In a Wall Street Journal article a week before the election, several administration officials pointed to Petraeus specifically and accused him of mishandling the controversy, by appearing to be aloof and delivering misinformation to the White House in the early days after that attacks.
Congress intends to continue to investigate the incident.
Petraeus was expected to testify before the Senate Intelligence Committee next week on the Benghazi attack.

Petraeus took over as head of the CIA in September of 2011 following his tour as head of allied forces in Afghanistan.
His sudden resignation came as a surprise, just days after President Barack Obama won a second term.

The resignation comes at a sensitive time. The administration and the CIA have struggled to defend security and intelligence lapses before the attack that killed the U.S. ambassador to Libya and three others. It was an issue during the presidential campaign that ended with Obama's re-election Tuesday.

The CIA has come under intense scrutiny for providing the White House and other administration officials with talking points that led them to say the Benghazi attack was a result of a film protest, not a militant terror attack. It has become clear that the CIA was aware the attack was distinct from the film protests roiling across other parts of the Muslim world.

The CIA director's bombshell took former military colleagues by surprise.

In addition to Petraeus, two other top-level administration officials, Treasury Secretary Timothy Geithner and Secretary of State Hillary Rodham Clinton, are also expected to soon leave the Obama administration.
Attorney General Eric Holder said on Thursday 8 November he's also weighing whether he will remain for Obama's second term.

Rep. Peter King, chairman of the House Committee on Homeland Security, lauded Petraeus as a "true American patriot."
Petraeus and his wife, Holly, live in Virginia. He has been married for 38 years to Holly Petraeus, whom he met when he was a cadet at the U.S. Military Academy at West Point, N.Y. She was the daughter of the academy superintendent. They have two children, and their son led an infantry platoon in Afghanistan.

Here is the full text of Petraeus' letter:

HEADQUARTERS Central Intelligence Agency

9 November 2012
Yesterday afternoon, I went to the White House and asked the President to be allowed, for personal reasons, to resign from my position as D/CIA.  After being married for over 37 years, I showed extremely poor judgment by engaging in an extramarital affair.  Such behavior is unacceptable, both as a husband and as the leader of an organization such as ours.  This afternoon, the President graciously accepted my resignation. As I depart Langley, I want you to know that it has been the greatest of privileges to have served with you, the officers of our Nation's Silent Service, a work force that is truly exceptional in every regard.  Indeed, you did extraordinary work on a host of critical missions during my time as director, and I am deeply grateful to you for that.

Teddy Roosevelt once observed that life's greatest gift is the opportunity to work hard at work worth doing.  I will always treasure my opportunity to have done that with you and I will always regret the circumstances that brought that work with you to an end.
Thank you for your extraordinary service to our country, and best wishes for continued success in the important endeavors that lie ahead for our country and our Agency.
With admiration and appreciation,
David H. Petraeus