The chances of the military charging Petraeus with adultery after he has left service are worse than slim to none. Even in the case of adultery while still in service, it is extremely difficult to prove absent pictures or personal confession.
IIRC, Petraeus has put no timeline on his alleged adultery. Additionally, it is also impossible, if he recanted his confession, to prove beyond his own word. He didn’t confess under oath, and he could always say there were politically expedient, personal, psychological, etc., reasons that he said what he said and then recant his confession.
The military is not going to charge him. He did this purely to help Obama with the Benghazi case.
For the FBI to say they found out about “adultery” would require them to prove penetration. I’m betting they can’t do that, and that the military wouldn’t pursue such a thing without rock solid proof.
“For the FBI to say they found out about “adultery” would require them to prove penetration.”
Bingo!
I was appointed as the Summary Court-martial Officer for a Marine SNCO (DI) who was messing around with a permanent personnel Women Marine (WM) PFC. The DI’s wife found out about it and came on base, went to the Parade Deck where the DI was instructing his platoon and commenced to beat him. Not good!
The charges preferred by his Battalion Commander were:
1. “Adultery’ (it was supposedly common knowledge amongst the DIs that he was “intimate” with the WM).
2. Conduct Unbecoming (the “Catch All Charge”) and,
3. Improper Fraternization (with a junior Marine and necessarily an immediate subordinate).
During the course of the Summary Court I brought the WM in and questioned her about the “adultery” and ask if she had sex with the DI and in doing so, did he penetrate her (I had to prove penetration). She declined to answer stating she under advisement of her counsel to exercise her 5th Amendment Right against self-incrimination. That’s all SHE had to do and I had to find the DI Not Guilty of that charge.
I did find the DI Guilty of the “Conduct Unbecoming” and the “Improper Fraternization” Charges. I recommended to his Battalion Commander that he be reduced to the next lower grade and forfeit 1/2 base pay for 3 Months. The Battalion Commander suspended my recommended punishment for 6 months. I understand that the DI behaved himself for the 6 months and escaped the punishment.
The WM who work on base under a different command received Non-Judicial Punishment and was reduced to the Pvt and I believe forfeited some base pay.
Bottom line: yes, penetration has to be proven.