Yes, I think that's absolutely right. Could they make a 133 case? Maybe. Would it be worth it? No. There are more important things to worry about. BUT, David Petraeus doesn't strike me as the kind of guy who puts up with crap like this, ever.
I'm sure you're right. Not least because the Democrats have been after his hash ever since he had the nerve to propose the Surge and then make it work. Of course, now that Barry has turned to him in desperation, that may change.