Defending the notification timing, a senior federal law enforcement official pointed Monday to longstanding policies and practices, adopted following abuses and mistakes that were uncovered during the Nixon administration's Watergate scandal of the early 1970s. The Justice Department — of which the FBI is part — is supposed to refrain from sharing detailed information about its criminal investigations with the White House.
The FBI also looked into whether a separate set of emails between Petraeus and Broadwell might involve any security breach. That will be a key question Wednesday in meetings involving congressional intelligence committee leaders, FBI deputy director Sean Joyce and CIA deputy director Michael Morell.
A federal law enforcement official, speaking on condition of anonymity to discuss details of the investigation, said the FBI had concluded relatively quickly — and certainly by late summer at the latest — that there was no security breach. Absent a security breach, it was appropriate not to notify Congress or the White House earlier, this official said.
Extramarital affairs are viewed as particularly risky for intelligence officers because they might be blackmailed to keep the affair quiet. For military personnel, adultery is a crime under the Uniform Code of Military Justice.
According to two federal law enforcement officials, the FBI initially began a criminal investigation of unsigned, harassing emails that were sent, beginning last May, to Kelley, a Tampa socialite. She and her husband, Scott, were longtime friends of Petraeus and his wife, Holly. FBI agents traced the alleged cyber harassment to Broadwell and during that process discovered she was exchanging intimate messages with a private Gmail account. Further investigation revealed that account belonged to Petraeus, under an alias.
Petraeus and Broadwell apparently used a trick, known to terrorists and teenagers alike, to conceal their email traffic, one of the law enforcement officials said.
Rather than transmitting emails to the other's inbox, they composed at least some messages and instead of transmitting them, left them in a draft folder or in an electronic "dropbox," the official said. Then the other person could log onto the same account and read the draft emails there. This avoids creating an email trail that is easier for outsiders to intercept or trace.
Agents later told Petraeus that Broadwell sent emails warning Kelley to stay away from the general and carrying a threatening tone.
Friends and former staff members of Petraeus told The Associated Press that he has assured them his relationship with Kelley was platonic, although Broadwell apparently saw her as a romantic rival. They said Petraeus was shocked to learn last summer of Broadwell's emails to Kelley.
Petraeus also denied to these associates that he had given Broadwell any sensitive military information.
FBI agents who contacted Petraeus told him that sensitive, possibly classified documents related to Afghanistan were found on her computer, the general's associates said. He assured investigators they did not come from him, and he mused to his associates that they were probably given to her on her reporting trips to Afghanistan by commanders she visited in the field there.
One associate also said Petraeus believes the documents described past operations and had already been declassified, although they might have still been marked "secret."
Broadwell had high security clearances as part of her former job as a reserve Army major in military intelligence. But those clearances are only in effect when a soldier is on active duty, which she was not at the time she researched the Petraeus biography.
The FBI concluded there was no security breach.
Nevertheless, FBI agents conducted a search of Broadwell's Charlotte, N.C., home on Monday. And the criminal investigation continued into the emails to Kelley, including whether Petraeus had any hand in them. At that point in late summer, FBI Director Robert Mueller and eventually Attorney General Eric Holder were notified that agents had uncovered what appeared to be an extramarital affair involving Petraeus.
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