In Tampa back in 2012, there was a scandal brewing that led to an FBI investigation, some compromising emails, generals and some women. In the end, James Clapper called General Petraeus and told him to resign. But the story does not end there.
Another lawsuit is in the pipeline.
Feds fight Jeh Johnson testimony in Petraeus-related lawsuit
From Politico:
The Justice Department is fighting an effort to force Homeland Security Secretary Jeh Johnson to give a deposition in a privacy invasion lawsuit a Florida woman has filed over the federal government’s handling of the investigation into former CIA Director David Petraeus.
Lawyers for Jill Kelley subpoenaed Johnson to testify about his knowledge of a complex inquiry that unfolded after Kelley complained to the FBI in 2012 that someone was sending derogatory statements and threats about her to various of her associates, including Marine Gen. John Allen and Petraeus, and seemed aware of private details about their schedules.
The probe revealed an extramarital relationship between Petraeus and his biographer, Paula Broadwell. That discovery led to Petraeus’s resignation shortly after the 2012 elections. However, in a lawsuit filed in 2013 Kelley alleged that the FBI and the Defense Department leaked personal information about her to the media, including suggestions that she had a sexual relationship with Allen. Kelley has adamantly denied any impropriety.
Johnson was the Defense Department’s general counsel at the time and played a key role in managing the agency’s response. But in a court filing Thursday evening (posted here), government lawyers argue that as a busy cabinet member Johnson should simply be required to answer written questions in the lawsuit and not be subjected to the videotaped depositions most witnesses face.
“Presently, as the head of the Department of Homeland Security, the third largest cabinet-level agency, Secretary Johnson oversees more than 240,000 federal employees. He holds ultimate responsibility for DHS’s mission, which includes preventing terrorism and enhancing national security; managing the borders of the United States; administering immigration laws; securing cyberspace; and ensuring disaster resilience,” the Justice Department argues. “Owing to these responsibilities and the incredible demands they impose on the Secretary’s time and resources, defendants informed plaintiffs that they object to Secretary Johnson’s deposition absent a clear and convincing showing that he possesses unique, non-privileged, relevant information that cannot be obtained through other means.”
The court filing also reveals that lawyers for Kelley have already obtained records of at least one journalist’s communications with Johnson about the Petraeus investigation. In an email sent to U.S. District Court Judge Amy Berman Jackson and attached to the filing, Kelley lawyer Alan Raul said he wants to question Johnson about a Kelley-related email Daily Beast reporter Dan Klaidman sent to Johnson on his personal gmail account in November 2012.
Raul also wants to ask about “Mr. Johnson’s responses and/or prior communications to or from Mr. Klaidman, who addressed him as ‘Jeh’ and to whom it appears he subsequently granted an ‘exclusive’ story about his nomination as DHS Secretary.”
Klaidman—now an editor at Yahoo News—declined to comment.
Kelley’s lawyers also want to question Johnson about the identity of anonymous sources described as “senior defense officials” or “senior military officials” who discussed the investigation with journalists at around the same time. Raul pointed to articles from the Associated Press, USA Today and Washington Post as ones of particular focus. Kelley’s team is also asking for information on Johnson’s contact with Tampa Tribune reporter Howard Altman and for information on who at the Department of Defense may have spoken with one or more reporters for ABC News about Kelley.
It’s possible the journalists themselves could face demands to testify in the case, but that does not appear to have happened yet.
The Justice Department filing does disclose that the government has agreed to make three former senior officials available for depositions in the suit: former Defense Secretary Leon Panetta for a two-hour session, Panetta’s former chief of staff Jeremy Bash for a four-hour session and former Defense Department public affairs chief George Little for a seven-hour session.
Kelley’s lawyers face an uphill battle in trying to force a sitting Cabinet member like Johnson into a deposition. Last year, another federal judge in Washington ordered Agriculture Secretary Tom Vilsack to appear at a deposition in lawsuit brought by fired Ag Department employee Shirley Sherrod, but an appeals court issued an unusual order blocking the deposition.
The government also has one more argument in the current dispute: Johnson is a lawyer, so at least some of his actions on the Petraeus/Kelley matter may have been covered by attorney-client privilege or protection for attorney “work product.”
Johnson was originally subpoenaed to appear for his deposition on Friday, but the session has been postponed until Jackson rules on the dispute.
In April, Petraeus pleaded guilty to a change of mishandling classified information by sharing classified briefing books with Broadwell and maintaining classified information at his home after he was required to turn it in. He was sentenced to two years probation and a $100,000 fine.
The FBI also investigated Broadwell in connection with the episode. No charges have been filed. The status of that inquiry is unclear.
