Attorney General Eric Holder: Petraeus Felony Charge Will Be ‘Decided At The Highest Levels’

Attorney General Eric Holder said on Sunday that the investigation into whether David Petraeus leaked classified information will be conducted fairly, two days after The New York Times reported that the Justice Department is recommending felony charges against the retired four-star general.

Petraeus resigned as director of the CIA in 2012 after an affair with his biographer, Paula Broadwell, came to public light. He maintained that no classified information was shared with Broadwell, but the FBI found classified documents on her computer according to the Times.

That in turn led to the FBI and Justice Department recommending the felony charges, but Holder said on ABC’s This Week Sunday that he has not yet decided how to proceed.

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When asked about criticism by senators John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) that the leaked recommendation was detrimental to the case and disrespectful of Petraeus, Holder said he agreed.

“I can’t really comment on what is an ongoing matter,” he told host George Stephanopoulos. “But I will say that I share those concerns expressed by two senators who I have a great deal of respect for.”

He added that “any investigation that is ongoing will be done in a fair and appropriate way.”

In their statement Saturday, the senators declined to comment on the case itself, but said that it “has been grievously mishandled.”

It is outrageous that the highly confidential and law enforcement-sensitive recommendation of prosecutors to bring charges against General Petraeus was leaked to the New York Times. It is a shameful continuation of a pattern in which leaks by unnamed sources have marred this investigation in contravention to fundamental fairness.

No American deserves such callous treatment, let alone one of America’s finest military leaders whose selfless service and sacrifice have inspired young Americans in uniform and likely saved many of their lives." 

Petraeus is one of the most prominent generals of his time, considered the architect of the “surge” in Iraq. He served as commanding general of allied forces both there and in Afghanistan, before being appointed CIA director by President Obama in 2011. He was also frequently the subject of presidential speculation.

Speaking to reporters after Petraeus’ resignation, Obama said that he had “no evidence at this point from what I’ve seen that classified information was disclosed that in a way would have had a negative impact on our national security.”

On Sunday, Holder would not confirm whether the felony charge recommendation had in fact been delivered to him.

“I don’t want to really comment on what is an ongoing investigation,” Holder said on This Week. “But I will say that frequently, those things that we characterize as leaks – they are frequently inaccurate. I’ll just leave it at that.”

In another appearance on CBS’s Face The Nation, Holder again declined to speak to specifics of the Petraeus case but said that for “a matter of this magnitude” the decision to move forward with a felony charge “would be decided at the highest levels of the Justice Department.”