Ever since the David Petraeus affair broke this weekend, lawmakers from both parties have demanded to know why they weren't informed about the investigation until then. Well, this morning's New York Times sheds some light on it. According to officials close to the investigation, FBI agents uncovered the affair in the summer summer, but decided to keep the investigation within FBI and Justice Department channels until now because they found no evidence of criminal activity or security concerns.
But law enforcement officials did not notify anyone outside the F.B.I. or the Justice Department until last week because the investigation was incomplete and initial concerns about possible security breaches, which would demand more immediate action, did not appear to be justified, the officials said.
The new accounts of the events that led to Mr. Petraeus’s sudden resignation on Friday shed light on the competing pressures facing F.B.I. agents who recognized the high stakes of any investigation involving the C.I.A. director but who were wary of exposing a private affair with no criminal or security implications.
This is understandable considering the FBI's history. Under J. Edgar Hoover, the FBI frequently blackmailed public figures with tawdry details of their sex lives. So while the FBI is required to keep Congress informed about intelligence activities, it's hard to fault the FBI for not letting Congress know about it until it knew what it was dealing with.
FBI agents uncovered the affair late in the summer, when in the midst of investigating Paula Broadwell's harassing emails to Jill Kelley, they uncovered sexually explicit emails that were eventually traced back to Petraeus. Once they determined that Petraeus and Brown were having an affair, they notified the Justice Department, as per guidelines which govern investigations involving "domestic public officials" like Petraeus.
The FBI took some time to determine who they were legally required to notify about the investigation. However, agents found no evidence that Petraeus knew about or was involved in the harassment, or had leaked any information--so apparently they felt they could keep the investigation within the FBI and DOJ for the moment. Interviews with Broadwell and Petraeus in late October confirmed this. Once the FBI and DOJ were satisfied that there was no evidence of criminal activity on Petraeus' part, they notified national intelligence chief James Clapper on Election Day. Three days later, Petraeus resigned.
Early on, investigators knew this could be explosive.
John Prados, a historian and an author on intelligence and its abuses, said the case “posed several dilemmas for the F.B.I.” that would have prompted agents and their bosses to proceed gingerly.
“Petraeus is a very important person, so they would want to be crystal clear on exactly what happened and what the implications were,” Mr. Prados said. “There was probably a sense that it had to be taken to top bureau officials. And bureau officials probably thought they had better tell the White House and Congress and the D.N.I., or they might get in trouble later,” he added, referring to the director of national intelligence.
But if the security issues were resolved and no crime had been committed, Mr. Prados said, there was no justification for informing Congress or other agencies that Mr. Petraeus had had an affair.
Seen in this light, and considering how sensitive the FBI is to the abuses of the Hoover era, it looks like the agency handled this appropriately.