The David Petraeus double-standard

David Petraeus and mistress

The one consistent argument from the anti-Snowden crowd is that he broke the law, so he has to pay. No exceptions. That also happens to be the attitude in Washington...but with exceptions for political insiders.

Mr. Petraeus has agreed to plead guilty to one count of unauthorized removal and retention of classified material, a misdemeanor. He is eligible for up to one year in prison, but prosecutors will recommend a sentence of probation for two years and a $40,000 fine.

Let's get something out of the way right now - David Petraeus didn't just make an "oopsie". David Petraeus knowingly committed several felonies.

It’s hard to overstate the shocking nature of the government’s case against Petraeus. The information that he gave Paula Broadwell, his friendly biographer with whom he was then having an extramarital affair, was among the most sensitive in the US government. According to the indictment, Petraeus gave Broadwell eight black books containing “classified information regarding the identities of covert officers, war strategy, intelligence capabilities and mechanisms, diplomatic discussions, quotes and deliberative discussions from high-level National Security Council meetings … and [his personal] discussions with the president of the United States.”
Much of this was Top Secret, and some was SCI (Sensitive Compartmented Information) higher than Top Secret – and he admitted in his plea to lying to the FBI about his leaks, knowing that doing so was a crime in itself.

Fortunately none of that information made it into his biography, but Petraeus had no way of knowing that beforehand, or being certain of who his mistress would share it with.

Sen. John McCain, R-Ariz. says that Petraeus has done too much for the country to be put in a prison cell.
Sen. Dianne Feinstein, D-Calif., says that Petraeus has "suffered enough".

Let's take a moment to put this into perspective.
Chelsea Manning, currently serving 35 years in jail, had access to SCI information every day. She chose not to share it, unlike Petraeus.
Daniel Ellsberg, who faced 115 years in jail for his leaks, said, “The Pentagon Papers I disclosed were all Top Secret. I’d been cleared for SCI too, but disclosed none of it, unlike Petraeus.”

Meanwhile, former CIA Director Leon Panetta let classified information slip to "Zero Dark Thirty" screenwriter Mark Boal didn't even get a slap on the wrist, but John Kiriakou, who blew the whistle on the CIA's waterboarding torture program, got 30 months in prison.

But let's get back to Edward Snowden.

Rep. Alan Grayson, D-Fla., told U.S. News & World Report that Petraeus broke the law “to impress a girlfriend. Edward Snowden released confidential information in order to bring attention to overwhelming and pervasive constitutional violations.”

I wouldn't go so far as to say Petraeus leaked just to impress his girlfriend. He was also leaking for personal gain.
Manning, OTOH, leaked for the "public good". So did Kiriakou. So did Snowden. That seems to be the determining factor between a slap on the wrist and having the book thrown at you.

“The factual charges against [Edward Snowden] are not more serious, as violations of the classification regulations and non-disclosure agreements, than those Petraeus has admitted to, which are actually quite spectacular.”
“If disclosing the identities of covert agents to an unauthorized person and storing them in several unauthorized locations deserves a charge with a maximum sentence of one year,” Ellsberg said, “then Edward Snowden should face not more than that same one count.”

There is obviously a two-tiered system of justice for leakers: a) for the powerful, like John Brennan, who's leak blew up a CIA operation and who never was even punished for it, and b) the low-level leakers, who do it for the American public and freedom, and get crushed under the full weight of the law for it.
This the exact opposite of how things should be. Powerful people like Petraeus should be held to a higher standard. Instead we have a crowd that wants to see the firm hand of the law against anyone leaking information that the public needs to know, but willing to accept that the powerful are above the law.

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gulfgal98's picture

A two tiered system of laws is what we have in this country and it is the hallmark of a very corrupt government. The Obama administration will go down in history as the most corrupt thus far because it has elevated and memorialized the extent of corruption in our government. In 2009. Obama had a golden opportunity to right the wrongs of previous administrations by getting us out of the endless wars, prosecuting the banksters, and promoting more openness in our government. He chose the opposite course.

Even today, there are still too people who believe that Snowden, Manning, and Kiriakou deserved to have the book thrown at them. And yet they excuse the greatest terrorists on this planet: the MIC and the banksters.

Great diary! Thank you for sharing it here, gjohnsit! Smile

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Do I hear the sound of guillotines being constructed?

“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy

Big Al's picture

without accountability is an amazing thing. For some reason most people seem to apply a different standards to people who smoke
weed or sell loosies on the street than they do with people who organize and order the murder of hundreds of thousands of people.

Bush, Cheney, Petraeus, all involved in the imperialist actions during the Bush administration should be sitting in jail, but along side
should be Obama, Clinton, Kerry, Nuland, Rice, Powers, and all involved in the imperialist actions during the Obama administration.

This is like the torture issue to me. It's serious stuff but it doesn't get down to the most serious crimes. They're killing innocent men,
women and children in totally illegal wars and imperialist actions.

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snoopydawg's picture

They've been doing since 1945 or before? Illegal invasions and countless coups.
I don't know how we could or can stop them.
Just look at the brutal takedown of OWS and any other protest which is our right to take part in.
The only things I can think that would get their attention are work stoppages, refusing to pay taxes, and quit buying their shit.
But when 62% of Americans think it would be a great idea to put soldiers back in Iraq, not many would do those things.
Half of the US cheered when OWS was taken out. The same half thinks that it's ok when cops shoot unarmed people.
Both Jefferson and Kennedy thought when things got this bad, it was our right to fight back.
But now they've militarized the cops because they knew one day people would get fed up with the way we are treated. Almost every protest gets tear gassed, rubber bullets and arrests. Even the media isn't exempt from that treatment.
No, we didn't allow it to happen. Our crooked government did what the hell they wanted to do.
The only thing I can think will stop the hegemony, tortures, ect, is another country. But most of them are on board with what the US doing. At least all of those that are in NATO.

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

Big Al's picture

But good morning gulfgal.

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gulfgal98's picture

We're on the same page with this stuff. And a good morning to you too. Smile

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Do I hear the sound of guillotines being constructed?

“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy

Our cable company now provides me the technology to stream on my television, so I finally have Netflix. We are watching House of Cards. We whipped through seasons 1 and 2 and are halfway through season 3. After watching this show, I can no longer tell reality from fiction when it comes to our government and politics. If I thought I was cynical before, you ought to see me now.

After six years in office, the best Holder and Obama could do was one lowly Senator Menendez and a pension and a fine for Petraeus. They exiled Snowden to Russia, put Manning in jail, and have Risen fighting for his freedom, but they couldn't be bothered to prosecute even one banker, one defense contractor, one voter suppression law, or one cop/police department. Clinton, Bush, and Obama getting high without consequence and being elected to the highest office, while drug users fund police departments and for-profit jails. In 2015, it is glaringly clear that the American justice is for sale and has no credibility.

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"Religion is what keeps the poor from murdering the rich."--Napoleon

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Tammany Tiger's picture

Matt Taibbi's latest, The Great Divide. Much of what he writes is about New York City, where hundreds of thousands of people--most of them African American, Latino, and/or poor--are stopped by the police and either arrested or ticketed for the most pitty-pat offenses imaginable. Meanwhile, the only bank officials who were prosecuted for wrongdoing worked at a tiny institution in Chinatown. Their offense? Understating customers' income so they wouldn't come to the attention of the federal tax man.

Taibbi has come to the conclusion that in today’s America, rights aren’t absolute but exist on a sliding scale depending on wealth and race. He also says that we have a profound hatred of the weak and the poor, and a corresponding groveling terror before the rich and successful, and we’re building a bureaucracy to match those feelings. Even though we have a Constitution, a court system with rules of procedure and evidence, and trial by jury, all of those institutions are undercut by a bureaucracy that keeps the rich and poor separate through thousands of tiny, scarcely visible, inequities.

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Unabashed Liberal's picture

heard Feinstein make those comments on the Sunday Political Show.

I have to wonder, "how on earth does she keep getting elected?"

Thank you for this diary, gjohnsit.

It is good to get this info out. Certainly, I suspect that this is another story that the Dem Party Establishment 'hopes' won't get much coverage.

Sigh . . .

UL

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Everyone thinks they have the best dog, and none of them are wrong.