David Petraeus Gets Hand-Slap for Leaking, Two Point Enhancement for Obstruction of Justice

As a supine Congress sitting inside a scaffolded dome applauded Benjamin Netanyahu calling to reject a peace deal with Iran, DOJ quietly announced it had reached a plea deal with former CIA Director David Petraeus for leaking Top Secret/Secure Compartmented Information materials to his mistress, Paula Broadwell.

Among the materials in the eight “Black Books” Petraeus shared with Broadwell were:

…classified information regarding the identities of covert officers, war strategy, intelligence capabilities and mechanisms, diplomatic discussions, quotes and deliberative discussions from high-level National Security Council meetings, and defendant DAVID HOWELL PETRAEUS’s discussions with the President of the United States of America.

The Black Books contained national defense information, including Top Secret/SCI and code word information.

Petraeus kept those Black Books full of code word information including covert identities and conversations with the President “in a rucksack up there somewhere.”

Petreaus retained those Black Books after he signed his debriefing agreement upon leaving DOD, in which he attested “I give my assurance that there is no classified material in my possession, custody, or control at this time.” He kept those Black Books in an unlocked desk drawer.

For mishandling some of the most important secrets the nation has, Petraeus will plead guilty to a misdemeanor. Petraeus, now an employee of a top private equity firm, will be fined $40,000 and serve two years of probation.

He will not, however, be asked to plead guilty at all for lying to FBI investigators. In an interview on October 26, 2012, he told the FBI,

(a) he had never provided any classified information to his biographer, and (b) he had never facilitated the provision of classified information to his biographer.

For lying to the FBI – a crime that others go to prison for for months and years – Petraeus will just get a two point enhancement on his sentencing guidelines. The Department of Justice basically completely wiped away the crime of covering up his crime of leaking some of the country’s most sensitive secrets to his mistress.

When John Kiriakou pled guilty on October 23, 2012 to crimes having to do with sharing a single covert officer’s identity just days before Petraeus would lie to the FBI about sharing, among other things, numerous covert officers’ identities with his mistress, Petraeus sent out a memo to the CIA stating,

Oaths do matter, and there are indeed consequences for those who believe they are above the laws that protect our fellow officers and enable American intelligence agencies to operate with the requisite degree of secrecy.

David Petraeus is now proof of what a lie that statement was.

Investigative journalist Marcy Wheeler writes the “Right to Know” column for ExposeFacts. She is best known for providing in-depth analysis of legal documents related to “war on terrorism” programs and civil liberties. Wheeler blogs at emptywheel.net and publishes at outlets including the Guardian, Salon, and the Progressive. She is the author of Anatomy of Deceit: How the Bush Administration Used the Media to Sell the Iraq War and Out a Spy. Wheeler won the 2009 Hillman Award for blog.

Reprinted with permission from ExposeFacts.

8 thoughts on “David Petraeus Gets Hand-Slap for Leaking, Two Point Enhancement for Obstruction of Justice”

  1. Poor Martha Stewart lied about some stock trades and ended up doing hard time and David Betraeus skates for selling out our country.

  2. Ferret Face weasels his way out of another jam. Go figure.

    It's a rigged game, folks. When will people wake up?

  3. Any more doubt that we live in a society where there are rules…rules for you and me…and then there are rules for the elite…and justice isn't blind, just arrogant. They used to at least make an effort to hide the fact that there are 2 sets of rules but not anymore. When they invaded a sovereign country (2 actually) and committed crimes against humanity and war crimes they had once applied to other countries and walked away from the mess with nary an eye blink they realized they no longer had to maintain the charade.

    The moment of enlightenment to our situation has surely come and gone…everyone now should be well aware of how truly we are phugged.

  4. Where are all the neocon choristers who want to summarily execute Snowden? Have they no similar song to sing for Petraeus?

  5. For any nation or society or group of people, some information is kept secret, leaking of which may cause very bad results. I think everyone should be treated in the same way for committing the crime of leaking any secret. If you are a student and worried about leaking the secret of your online writing help then stop getting nervous in the existence of our services.

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