The FBI obtained evidence that former CIA director David Petraeus may have discussed information that was "top secret" with reporters, according to an affidavit obtained by
Politico.
The affidavit said that FBI agent Diane Wehner told a federal magistrate that the FBI had two audio recordings in which Petraeus spoke to Washington Post reporters about "sensitive military campaigns."
The investigation by the FBI eventually resulted in then-CIA director resigning from his post and pleading guilty to a criminal charge of mishandling classified information.
Both sides in the debate over Hillary Clinton's use of a personal email server have noted the Petraeus case.
FBI Agent Wehner's affidavit noted that Petraeus was concerned about the classified nature of the information he was giving, and wanted to make sure it was not attributed to him.
The audio files were found by the FBI in a search of the home of Paula Broadwell, who wrote Petraeus' biography and had an affair with him. Petraeus resigned from the CIA director job in 2012 and 2015, he admitted in federal court to a misdemeanor charge of mishandling classified information.
Politico said the affidavit points out that the sharing of classified information did not appear to be officially authorized.
"I don't doubt it was the practice, but it is outside the bounds of formal policy," Steven Aftergood of the Federation of American Scientists said.
Aftergood told Politico that it was easy to see how Petraeus provided more and more information on conditions that he was not attributed.
"He was bending a rule that had already been bent," Aftergood said.
The FBI affidavit said that it's "likely" that Petraeus agreed to help Broadwell get classified information from others.
According to Politico, Clinton's critics have said her actions were more serious than those of Petraeus, because she potentially exposed classified information to hackers, while he only apparently shared classified information with Broadwell, who had security clearance but did not appear to have the need-to-know to receive the information.
The FBI affidavit could bring back questions about whether Petraeus got more lenient treatment.
At a
Reporters Committee for Freedom of the Press reception, a reporter asked former Attorney General Eric Holder why Petraeus did not face felony charges.
"There were some unique things that existed in the case that would have made prosecution at the felony level — and conviction at the felony level — very, very, very problematic," Holder said.
The New York Times reported that Petraeus had advised the Obama administration in the war against the Islamic State, and some Republicans have considered drafting him for president.
The Times report said that Broadwell has founded a nonprofit to combat gender bias in the news media. One of the efforts she has led involves retiring the word "mistress," since that term does not mention the male in an affair, Broadwell said.
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