David Petraeus sentencing, His outstanding career in the military and national security has been ruined; so have his political aspirations, because he provided classified information to his mistress.
But when former CIA Director David Petraeus was sentenced Thursday to two years' probation and fined $100,000 for what a federal judge called a "serious lapse of judgment," some argued that he received preferential treatment.
"There is a double standard that has been displayed by the U.S. government that is inequitable, unconscionable and just simply unfair," said Mark Zaid, a Washington attorney who regularly represents government employees and military members in national security cases.
The sentencing came two months after Petraeus agreed to plead guilty to a federal misdemeanor count of unauthorized removal and retention of classified material.
The plea agreement carried a possible sentence of up to a year in prison. Prosecutors had recommended two years' probation and a $40,000 fine, but Judge David Keesler increased the fine to "reflect seriousness of the offense," that stood in "stark contrast to 37 years of achievement."
Prosecutor James Melendres also addressed the seriousness of the case, saying: "He was entrusted with the nation's most ... sensitive security. The defendant betrayed that trust."
Appearing calm and wearing a business suit, Petraeus made a brief statement before he was sentenced, apologizing "to those closest to me and others, including this court, for the pain my actions have caused."
After the sentencing, Petraeus thanked his supporters and again said he was sorry.
The prospect of probation for Petraeus had been raised in an unrelated case by supporters of Jeffrey Sterling, a former CIA officer convicted of giving a New York Times reporter classified details of an operation to derail Iran's nuclear ambitions.
Federal prosecutors in Virginia have urged a stiff sentence for Sterling, and probation officers have calculated a sentencing guideline range of 20 to 24 years.
Supporters including Nobel Peace Prize laureate Archbishop Desmond Tutu argued such a sentence was unfair compared with the deal Petraeus secured.
Zaid contrasted the Petraeus case with that of his former client, ex-CIA officer John Kiriakou.
In 2012, Kiriakou pleaded guilty to intentionally disclosing the identity of a covert agent to a reporter and was sentenced to 2 1/2 years in prison. Petraeus, then CIA director, hailed the conviction.
Zaid said he believes the government struck a deal with Petraeus to avoid trying such a high-profile former government official.
"It would have been a political quagmire," he said.
He said that given Petraeus' earning potential, the penalty isn't significant. He said the most serious consequence for Petraeus is likely that any political ambitions are derailed.
"Instead of requiring him to make one speech, it'll require him to make two speeches now, and he'll earn the money back," he said.
But Greg Rinckey, a former U.S. Army lawyer in private practice who specializes in military law and security clearance issues, said the punishment sent a message: "It's not like he walked."
Plus, Rinckey argued, the scandal has already derailed the career of a retired four-star Army general who led U.S. forces in Iraq and Afghanistan.
"Whenever anyone hears 'Gen. Petraeus,' this is what we're going to be left with: 'Oh, Gen. Petraeus was the former director of the CIA who leaked information to his mistress,'" he said.
"There is a double standard that has been displayed by the U.S. government that is inequitable, unconscionable and just simply unfair," said Mark Zaid, a Washington attorney who regularly represents government employees and military members in national security cases.
The sentencing came two months after Petraeus agreed to plead guilty to a federal misdemeanor count of unauthorized removal and retention of classified material.
The plea agreement carried a possible sentence of up to a year in prison. Prosecutors had recommended two years' probation and a $40,000 fine, but Judge David Keesler increased the fine to "reflect seriousness of the offense," that stood in "stark contrast to 37 years of achievement."
Prosecutor James Melendres also addressed the seriousness of the case, saying: "He was entrusted with the nation's most ... sensitive security. The defendant betrayed that trust."
Appearing calm and wearing a business suit, Petraeus made a brief statement before he was sentenced, apologizing "to those closest to me and others, including this court, for the pain my actions have caused."
After the sentencing, Petraeus thanked his supporters and again said he was sorry.
The prospect of probation for Petraeus had been raised in an unrelated case by supporters of Jeffrey Sterling, a former CIA officer convicted of giving a New York Times reporter classified details of an operation to derail Iran's nuclear ambitions.
Federal prosecutors in Virginia have urged a stiff sentence for Sterling, and probation officers have calculated a sentencing guideline range of 20 to 24 years.
Supporters including Nobel Peace Prize laureate Archbishop Desmond Tutu argued such a sentence was unfair compared with the deal Petraeus secured.
Zaid contrasted the Petraeus case with that of his former client, ex-CIA officer John Kiriakou.
In 2012, Kiriakou pleaded guilty to intentionally disclosing the identity of a covert agent to a reporter and was sentenced to 2 1/2 years in prison. Petraeus, then CIA director, hailed the conviction.
Zaid said he believes the government struck a deal with Petraeus to avoid trying such a high-profile former government official.
"It would have been a political quagmire," he said.
He said that given Petraeus' earning potential, the penalty isn't significant. He said the most serious consequence for Petraeus is likely that any political ambitions are derailed.
"Instead of requiring him to make one speech, it'll require him to make two speeches now, and he'll earn the money back," he said.
But Greg Rinckey, a former U.S. Army lawyer in private practice who specializes in military law and security clearance issues, said the punishment sent a message: "It's not like he walked."
Plus, Rinckey argued, the scandal has already derailed the career of a retired four-star Army general who led U.S. forces in Iraq and Afghanistan.
"Whenever anyone hears 'Gen. Petraeus,' this is what we're going to be left with: 'Oh, Gen. Petraeus was the former director of the CIA who leaked information to his mistress,'" he said.
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