David Petraeus could be charged with adultery

8:35 PM, Nov 12, 2012   |    comments
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This photo made available by the International Security Assistance Force shows then-Gen. Davis Petraeus on July 13, 2011, shaking hands with Paula Broadwell, his biographer who is now at the center of the CIA director's extramarital affair scandal.


David Petraeus Sex Scandal

Full coverage of the fallout from Gen. David Petraeus' resignation as CIA director for having an affair, and the Tampa woman centered around the controversy.

* David Petraeus resigns from CIA
* PHOTOS: David Petraeus sex scandal pictures
* Petraeus' biographer Paula Broadwell: Who is she?
* Timeline of Events
* Tampa woman Jill Kelley sparked investigation
* Petraeus could be charged with adultery
* Who is Jill Kelley?
* US Afghan commander linked to Petraeus scandal?
* FBI removes evidence from Broadwell's home
* CENTCOM: Kelley has no official position at base
* Jill Kelley's connection to men in Petraeus scandal
* Socialite asked for diplomatic protection
* Kelley family finances, charity under scrutiny
* Jill Kelley flew on military flight with Gen. Allen
* READ: Emails between Jill Kelley and Tampa Mayor Bob Buckhorn
* READ: More email between city of Tampa and Jill Kelley


Tampa, Florida -- Former CIA Director David Petraeus could be charged with adultery for his affair with biographer Paula Broadwell.

Stetson Law Professor Charles Rose says Petraeus could be charged under the Uniform Code of Military Justice. However Rose says that would also be unlikely unless there are additional charges that officials uncover as they look at the affair Petraeus had with biographer Paula Broadwell.

"I could not imagine -- given General Petraeus' accomplishments and commitment to the nation and his sacrifices to the nation -- that this human failing would result in a criminal prosecution unless there is substantial other evidence that none of us have heard about," Rose said.

Another fallout Petraeus could face from his affair is a drop in rank, impacting his retirement benefits.

"It could also theoretically form the basis for an action to reduce his retirement rank because the conduct occurred while he was on active duty as a general officer. That could have phenomenal financial consequences if the government chooses to go forward."

But Rose notes that's a balancing act which involves weighing Petraeus' overall service to the country versus his violation of the UCMJ.

Meantime, Tampa's Jill Kelley has hired crisis manager Judy Smith and attorney Abbe David Lowell to help her with the media scrutiny she is now facing.

Kelley received harassing emails from Broadwell that ultimately led to officials uncovering the Petraeus affair.

CBS News reports Petraeus has told close friends he was only friends with the 37-year-old Kelley, although Broadwell apparently felt otherwise and wrote emails to Kelley telling her to "back off," and "stay away from my guy."

Kelley, who is married to Dr. Scott Kelley, released a statement through Smith's Washington, DC office that read:

"We and our family have been friends with General Petraeus and his family for over 5 years. We respect his and his family's privacy and we want the same for us and our three children."

Jill Kelley was seen leaving her Bayshore Blvd. home Monday morning but again declined to talk with the reporters and photographers camped outside.

Kelley was also featured on the front page of several papers on Monday including the New York Post under the headline; The Other, Other Woman.

Past clients Smith has helped include Monica Lewinski and NFL quarterback Michael Vick. She is also the inspiration for the ABC television show Scandal.

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