The recent slap on the wrist received by former Gen. David Petraeus is “casting a shadow” over the FBI investigation of former Secretary of State Hillary Clinton, according to The Washington Post.
“Current and former officials” told the paper that because Petraeus received such a lenient conviction for mishandling classified information and lying about it, they don’t expect Clinton to be harshly punished—even if the probe of her personal email practices reveals serious misconduct.
“The officials said they think that Petraeus’s actions were more egregious than those of Clinton and her aides because he lied to the FBI, and classified information he shared with his biographer contained top secret code words, identities of covert officers, war strategy and intelligence capabilities,” The Post reported.
Clinton is being investigated for using a private email server to carry out official business while Secretary of State under President Obama. Investigators are particularly interested in “the potential damage had the classified information in the emails been exposed,” The Post also noted.
A “former senior law enforcement official” told the paper that “there was wrongdoing,” and that the FBI and the Department of Justice are trying to determine if it was criminal.
In March 2015, Petraeus reached a plea deal with federal prosecutors that allowed him to avoid jail time. He was potentially facing three felonies—conspiracy, Espionage Act violations, and lying to federal agents. In the end, he admitted to a single misdemeanor crime—the mishandling of classified information.
The former head of the CIA “was handled so lightly for his offense there isn’t a lot you can do” about Clinton, a “former US law enforcement official who oversaw counterintelligence investigations” told the paper.
According to court records released after Petraeus pleaded guilty, the four star general shared secret information with his biographer and mistress, Paula Broadwell. That included “the identities of covert officers, war strategy, intelligence capabilities and mechanisms, diplomatic discussions, quotes and deliberative discussions from high-levels National Security Council meetings, and…Petraeus’s discussions with the President of the United States.”
When lower-ranking federal officials have disclosed classified information without proper authorization, the Obama administration has not been as timid about pursuing felony prosecutions. It has charged more whistleblowers with violations of the Espionage Act than every other administration combined. The Espionage Age Act—passed amid the First World War—does not permit for whistleblower defenses.
Petraeus–also a former commander of US troops in both Iraq and then Afghanistan–is still highly regarded in Washington. In January, as the Pentagon was considering demoting Petraeus, Sens. John McCain (R-Ariz.) and Jack Reed wrote to Defense Secretary Ash Carter, advising against the move. The Pentagon replied, saying it wouldn’t penalize Petraeus. Demotion, to a three-star general, would have cost Petraeus “tens of thousands of dollars a year” in pension benefits, USA Today noted.
