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Petraeus reaches deal to plead guilty to misdemeanor; likely won’t face prison Petraeus reaches deal to plead guilty to misdemeanor; likely won’t face prison
(about 3 hours later)
Lawyers for David H. Petraeus have reached an agreement with federal prosecutors for the retired general and former CIA director to plead guilty to a misdemeanor charge for mishandling classified materials, a deal that brings an end to a lengthy investigation that kept him largely out of public view for more than two years. David H. Petraeus, the retired general and former CIA director, has reached an agreement with federal prosecutors to plead guilty to a misdemeanor charge for mishandling classified materials, a deal that brings an end to a lengthy investigation that kept him largely out of public view for more than two years.
The deal, if approved by a judge, will spare Petraeus a prison sentence and allow him to avoid a trial that probably would have revealed details of his relationship with his former mistress and biographer, who had been provided the highly sensitive documents. The deal, if approved by a judge, will spare Petraeus a prison sentence and allow him to avoid a trial that probably would have revealed details of his relationship with his former mistress and biographer, who became the recipient of the classified material in question.
As part of the agreement, Petraeus admitted improperly retaining a number of bound notebooks that contained classified information and giving them to the biographer, Paula Broadwell, according to documents filed Tuesday in federal court in Charlotte, N.C. As part of the agreement, Petraeus admitted improperly retaining a number of bound notebooks containing sensitive national security information and giving them to the biographer, Paula Broadwell. According to documents filed Tuesday in federal court in North Carolina, Petraeus initially lied to FBI investigators, telling them in an interview at CIA headquarters that he had never provided Broadwell with classified information.
The documents also indicate that Petraeus initially lied to FBI investigators during an interview at CIA headquarters, telling them that he had never provided Broadwell with classified information. “The statements were false,” prosecutors said in the court documents. “Defendant David Howell Petraeus then and there knew that he previously shared the black books with his biographer.”
“The statements were false,” according to federal court documents. “Defendant David Howell Petraeus then and there knew that he previously shared the black books with his biographer.”
[View: A statement of facts in the Petraeus case][View: A statement of facts in the Petraeus case]
Federal prosecutors will not seek prison time for the retired four-star general but instead will ask a judge to impose a probationary period of two years and make him pay a $40,000 fine. It is unclear whether Broadwell will face charges. Prosecutors will not seek prison time for Petraeus but instead will ask a judge to impose a probationary period of two years and make him pay a $40,000 fine. It is unclear whether Broadwell will face charges.
Prosecutors had pushed for charges after FBI agents discovered that Broadwell was in possession of sensitive documents while writing her book about him. The affair forced Petraeus’s resignation as CIA director in November 2012.
[Read: Petraeus’s plea agreement]
Attorneys for Petraeus and Broadwell declined to comment. News of a possible plea deal was first reported by the New York Times.Attorneys for Petraeus and Broadwell declined to comment. News of a possible plea deal was first reported by the New York Times.
According to prosecutors, the black books in Petraeus’s possession dated to his time as top U.S. commander in Afghanistan. They contained information such as code words, war strategy, the identities of covert officers and outlined deliberative discussions with the National Security Council and President Obama. The handling of the Petraeus investigation has become a subject of political intrigue in Washington, with questions over whether the government would prosecute a retired four-star general who became perhaps the most celebrated military officer of his generation before going on to briefly lead the CIA.
Court documents indicate that Petraeus gave the books to Broadwell in late August 2011 while she was staying at a private residence in Washington. Several days later, Petraeus retrieved the books. The Justice Department has pursued several high-profile cases involving the unauthorized disclosure of classified information, and a handful of other cases remain open. FBI officials, for instance, have pressed prosecutors to charge James Cartwright, the former vice chairman of the Joint Chiefs of Staff, in connection with the leaking of classified information about the Stuxnet cyberattack against Iran’s nuclear program.
Although Broadwell used the notebooks to help her write the general’s memoir, prosecutors said her book, “All In,” did not contain classified information. Although Petraeus provided Broadwell with eight of the black books, as they’re known, to help her write the general’s memoir, prosecutors said her book, “All In,” did not contain classified information.
Two weeks after his resignation from the CIA, Petraeus signed documents assuring the agency he no longer had classified documents in his “possession, custody, or control.” Still, some legal experts said the terms of the agreement between the retired general and the Justice Department appeared to be lenient.
When FBI agents, however, raided Petraeus’s house in Arlington, Va., in April 2013, they seized the black books, which they found in an unlocked drawer in his study. “Part of this is making an example of public figures so other people will not engage in criminal behavior,” said Carl Tobias, a professor at the University of Richmond School of Law. The message sent in Petraeus’s case, he added, is not “a very strong one.”
He had previously turned over classified documents collected during his tenure as head of U.S. forces in Afghanistan to a Pentagon historian but did not hand over the black books. [Read: Petraeus’s plea agreement]
The FBI investigation into Petraeus began in 2012 after Broadwell sent threatening e-mails to Jill Kelley, a Florida woman who was an associate of Petraeus’s. Kelley, who did not know the identity of the sender, contacted the FBI, which later traced the messages to Broadwell. According to prosecutors, the black books in Petraeus’s possession dated to his time as top U.S. military commander in Afghanistan. They contained code words, war strategy, the identities of covert officers and other sensitive information; they also outlined deliberative discussions with the National Security Council and President Obama.
In the course of their investigation into Broadwell, the FBI uncovered not only explicit e-mails between Broadwell and Petraeus but classified documents, prompting a probe into how she obtained them. In an audiotape of a 2011 conversation recorded by Broadwell and later obtained by investigators, the biographer asked Petraeus about the notebooks and noted that the pair had not yet reviewed them together. “Umm, well, they’re really — I mean they are highly classified, some of them,” he told her.
The handling of the Petraeus investigation has become a subject of intrigue in Washington, more than two years after he resigned from the CIA. In January, media reports that federal prosecutors had recommended that he face charges in the case prompted growing calls on Capitol Hill for a resolution to the case. Court documents indicate that Petraeus gave the books to Broadwell a few weeks later, in August 2011, while she was staying at a private residence in Washington. Several days later, he retrieved them.
Petraeus now serves as chairman of the KKR Global Institute, a part of the private-equity firm Kohlberg Kravis Roberts, and also spends his time teaching and giving speeches. The FBI began investigating Petraeus in 2012 after Broadwell sent threatening e-mails to Jill Kelley, a Florida woman who was an associate of Petraeus’s. Kelley, who did not know the identity of the sender, contacted the FBI, which later traced the messages to Broadwell.
In the course of their investigation into Broadwell, the FBI uncovered not only explicit e-mails between her and Petraeus but classified documents, prompting a probe into how she obtained them.
The revelation of Petraeus’s affair forced his resignation as CIA director in November 2012. Two weeks later, he signed documents assuring the agency he no longer had classified documents in his “possession, custody, or control.”
When FBI agents raided Petraeus’s house in Arlington, Va., in April 2013, however, they seized the black books, which they found in an unlocked drawer in his study.
Petraeus had previously turned over classified documents collected during his tenure as head of U.S. forces in Afghanistan to a Pentagon historian but did not hand over the black books, according to court documents.
Petraeus is not the first former CIA director to face charges for mishandling classified information. In December 1996, then-Director John Deutch resigned after agency security officers discovered he had stored highly classified documents on his home computer that was connected to the Internet.Petraeus is not the first former CIA director to face charges for mishandling classified information. In December 1996, then-Director John Deutch resigned after agency security officers discovered he had stored highly classified documents on his home computer that was connected to the Internet.
After a criminal investigation, Deutch agreed to plead guilty to a misdemeanor and pay a $5,000 fine. But before the prosecutors could file the papers in federal court, President Bill Clinton pardoned him on his last day in office.After a criminal investigation, Deutch agreed to plead guilty to a misdemeanor and pay a $5,000 fine. But before the prosecutors could file the papers in federal court, President Bill Clinton pardoned him on his last day in office.
Petraeus, who routinely basked in the public spotlight during his days as a general, has kept a relatively low profile during the course of the FBI investigation. He now serves as chairman of the KKR Global Institute, a part of the private-equity firm Kohlberg Kravis Roberts, and also spends his time teaching and giving speeches.
On Tuesday, public reaction to Petraeus’s plea deal was muted.
Sen. John McCain (R-Ariz.), chairman of the Armed Services Committee, said the general had “apologized and expressed deep regret for this situation, and I believe it is time to consider this matter closed.”
McCain, in a statement, said he hoped that “Petraeus will continue to provide his outstanding service and leadership to our nation, as he has throughout his distinguished career.”
Julie Tate and Carol Leonnig contributed to this report.Julie Tate and Carol Leonnig contributed to this report.