Fox News legal analyst Andrew Napolitano told The Daily Caller that, during its investigation of former CIA Director David Petraeus and his biographer, the FBI appears to have wrongfully treated a simple domestic dispute like a national security or criminal matter.
“David Petraeus didn’t betray his country,” Napolitano said in a phone interview. “He betrayed his wife. Big deal.”
Napolitano said the federal investigation was “the use of law enforcement either for a personal vendetta that [Tampa military liaison Jill] Kelley pushed through her FBI agent connection, or a political vendetta – somebody wanting to silence, by embarrassing, humiliating and destroying the credibility of Petraeus.”
“Not only does it not appear there was a crime committed,” Napolitano continued, “[and] not only does it not appear that there was a national security implication, but this is hardly the type of thing that the FBI investigates. This was instigated, apparently, by the Kelley woman, and her friend in the FBI. That is an inappropriate means to commence an investigation by the FBI.”
Napolitano, who is a former New Jersey Superior Court judge, said federal agents, like members of the judiciary, are typically prohibited from working on cases that present a conflict of interest.
“In fact, the FBI has an internal rule that if an FBI agent knows the complainant, the victim or the target, that FBI agent cannot have anything to do with the case, because that often clouds an individual’s judgment,” Napolitano continued. “It’s like a judge trying a case in which he knows one of the parties. It’s prohibited, and the judge has to reveal that, and get off the case. The principle is the same for the FBI. For that reason, I don’t believe the government’s version of these events.”
According to numerous reports, the FBI began its investigation after Kelley told an agent, whom she knew as a friend, that she had received harassing emails from an anonymous source. The emails, which the agency eventually traced back to Petraeus biographer Paula Broadwell, appeared to be an attempt to intimidate Kelley into staying away from Petraeus.
“It’s inconceivable that the FBI decided to do an investigation based on one email between two private people, whether it mentions Petraeus’ name or not,” Napolitano added. “I don’t know what criminal charges could be filed. It’s not a crime for Mrs. Broadwell to send an email to Mrs. Kelley saying, ‘Stay away from my guy.’”
Linda, it stinks to high heaven and Petraeus is the fall guy; but I think it is going to backfire and blow up in Obama's face. McCain is our silver warrior who will fight his last good fight and this guy won't know what hit him. McCain is a smart man, donot underestimate him and he is going into battle mode now. He is fighting for payback, his country, military honor and justice and he is a fellow soldier to Petraeus.
High movtivation here and relentlessness; I know justice will prevail because we have the right man fighting this battle now. He needs all of our support and everyone's backup. I am going to write to his office and commend him.
Napolitano: Silencing General Petraeus
This post was modified from its original form on 15 Nov, 8:26
It's obvious that someone was out to silence Petraeus. Who could believe the government version of all this? The same government that wants us to believe that FBI agents innocently and accidentally discovered the Petraeus/Broadwell affair a few months ago and confronted Petraeus with his emails a few weeks ago is a cauldron of petty jealousies.
From the time of its creation in 1947, the CIA has been a bitter rival of the FBI. The two agencies are both equipped with lethal force, they both often operate outside the law, and they are each seriously potent entities. Their rivalry was tempered by federal laws that until 2001 kept the CIA from operating in the U.S. and the FBI from operating outside the U.S.
In one of his many overreactions to the events of 9/11, however, President George W. Bush changed all that with an ill-conceived executive order that unlawfully unleashed the CIA inside the U.S. and the FBI into foreign countries. Rather than facilitating a cooperative spirit in defense of individual freedom and national security, this reignited their rivalry. FBI agents, for example, publicly exposed CIA agents whom they caught torturing detainees at Gitmo, and Bush was forced to restrain the CIA.
Isn't it odd that FBI agents would be reading the emails of the CIA director to his mistress and that the director of the FBI, who briefs the president weekly, did not make the president aware of this? The FBI could only lawfully spy on Petraeus by the use of a search warrant, and it could only get a search warrant if its agents persuaded a federal judge that Petraeus himself -- not his mistress -- was involved in criminal behavior under federal law.
The agents also could have bypassed the federal courts and written their own search warrant under the Patriot Act, but only if they could satisfy themselves (a curious and unconstitutional standard) that the general was involved in terror-related activity. Both preconditions for a search warrant are irrelevant and would be absurd in this case.
All this -- the FBI spying on the CIA -- constitutes the government attacking itself. Anyone who did this when neither federal criminal law nor national security has been implicated and kept the president in the dark has violated about four federal statutes and should be fired and indicted. The general may be a cad and a bad husband, but he has the same constitutional rights as the rest of us.
No keen observer could believe the government's Pollyanna version of these events. When did the CIA become a paragon of honesty? When did the FBI become a paragon of transparency? When did the government become a paragon of telling the truth?
Posted for Jim Peterson
Napolitano conveniently overlooks one little tidbit on his article about the FBI/CIA revised authority after 9/11 in that it was another corrupt Demagogue administration that built artificial walls between agencies to hide its criminal activities especially the selling of military technology to the Chinese for contributions to his reelection campaign. The government is too big and too corrupt but we still have very serious external security threats that have been allowed to migrate into the country due to other stupid policies like open borders, immigration "reform", and political correctness. We are in deep, deep, deep doo-doo!
And we have to thank Bill Clinton for that one, don't we; selling military technology to the Chinese.
Another thing, John, that we are not addressing is the FACT that we have sleeper cell terrorists in America living among us working in jobs.....and they are waiting for the "call" to go out and blow up a mall or an NFL stadium where thousands of Americans are like sitting ducks.
George W. Bush put in place The Patriot Act and I remember well when it was implemented and how it unfolded in the work place. It is because of that one act, The Patriot Act, that our country has remained safe all of these years.
Obama is so wrong for America. Our republicans let us down by not voting. Had they voted Obama would not be president today. This is something we need to talk about and get an answer to before 2016.
This country has had nothing but sleaze and incompetence from every Demagogue POTUS in the last 100 years except for Truman. Some, like Clinton and Dear Leader Obama have done things that border on treason as well. Napolitano is a Libertarian and dislikes the Patriot Act like most of that breed do. Unfortunately, we are faced with a serious threat (actually multiple threats if you throw in Russia, China, and the drug gangs with islam and Iran) and the Libertarian purity in today's technical environment is a little unrealistic. That doesn't mean we shouldn't be concerned and question some government action but our enemies are using the technical resources (most of which they did not create but either stole or bought from the West) that makes a slow process of investigations under strict Constitutional guidelines not always reasonable. This case does look like "investigative overkill" and smells of politics based on the overall circumstances.
Ironic you said that John, my father and brother had respect for Harry Truman and he was the one exception.
I am really in fear for America today. What a mess in Israel and Palestistine right now. This could be the impetus for some extreme terrorism worldwide.
As I said, I went from being numb to angry and if I was belligerent yesterday, excuse me, I am so totally angry. I cannot believe what happened last tuesday.
I hope O'Reilly is right that things happen for a reason but I see nothing good coming out of this election.
Tonite, the Dems attacked Romney for his comment about Obama's base getting freebies and electing him for a 2nd term. Now some republicans are angered because they want a united America.
I want to know where are those 7-8 million voters who did not come out for Obama? Anyone know anything about this. I cannot find any answers here, appreciate help in finding this answer.
Sheila, there are many unanswered questions and it's a downer. Obama is the anti-Christ and Americans believe in him. What does that say about America?
Send a Green Star to Diane O.
You cannot currently send a star to Diane because you have done so within the last week.
and Sheila and John, sent to you, too. I agree with all of you. Still trying to find that level of encouragement to get going on this again; it is a little hard right now for all of us I think.
It's time to "get up and go" - it's time to get on blogs and hold your own with various types that p*** you off but you NEVER STAND DOWN! I've been doing that for the last week, I actually feel so much better STANDING UP!.
It's time to get mad - get up, dust yourself off and pester the hell out of the whitehouse and the liberals. In other words -- quit feeling sorry for ourselves - and quit the blame game - I think we have heard enough of the why's. Although it hurts - there is plenty of time to pout and feel sorry for ourselves - but not now. Not when there is so much corruption going on with Obama.
Think about it - Fast and Furious -- The Petraeus incident - Bengahzi - voter irregularities - there is an abundance of scandal out there.
And don't listen to all the crap about our "changing" - it's time the Democrats and their liberal followers do the "changing". We know we've got it right - we know we need to work on our OWN doubting Thomas Republicans.
Don't listen to those that will tell you that we should just lay down and take it and that we are sore losers -- we are not -- the losers are those who voted AGAIN for Obama. We should be concerned about the lack of human knowledge in this country.
So let's beat the drum for correct information - research - knowledge. Believe me, the Obama zombies don't know how to obtain any of these. It's time to get moving while their heads are filled with false hope and change!
Get out there -- fight back! Just don't get yourself thrown off any blogs! LOL
Let's score a touchdown!
Coach, Tara Jane
Yes Coach Tara Jane, let's get busy and fight back and do it now!!! Maybe we need to stop and realize that the weak link is not the Republican candidates or elected, it is us. We are not making our voice heard like we should. We can sit here in a pollitical group on a blog and share our thoughts and opinions, but we only reach so many; we need to get out there and make our voice heard where it really counts; flood Congressmen/women with our thoughts and opinons and remind them who is the boss. Let them know that if they don't listen they can be fired. Do not limit the communication to our own party members, let the Democrats know, too.
Okay, Coach, ready to go so time to get this "game" going and fight back!!!
You are right, it is the beginning of the end of the demagougues because self-destruction is inevitable.
The republicans need to only hold onto their principles and never pander or buy people. The country is on the beginning of a path to despair with NO HOPE.
The last resort will be the awakening and going back to the principles and idealogy which framed the greatness of this country.
What makes man a success? Individualism, working hard, having pride and these are the same things which build success and greatness. This is the foundations of the American Dream.
We are going into a deep dark place now; but there will be light at the end of the tunnel.
It is almost bibical. An Awakening is needed to restore America. We need to get far more on our side now; it will happen because Obama's plan is total destruction in the end.