David Petraeus, the former Army general and CIA director, admitted today that he gave highly-classified journals to his onetime lover and that he lied to the FBI about it. But he only has to plead guilty to a single misdemeanor that will not involve a jail sentence thanks to a deal with federal prosecutors. The deal is yet another example of a senior official treated leniently for the sorts of violations that lower-level officials are punished severely for.

According to the plea deal, Petraeus, while leading American forces in Afghanistan, maintained eight notebooks that he filled with highly-sensitive information about the identities of covert officers, military strategy, intelligence capabilities and his discussions with senior government officials, including President Obama. Rather than handing over these “Black Books,” as the plea agreement calls them, to the Department of Defense when he retired from the military in 2011 to head the CIA, Petraeus retained them at his home and lent them, for several days, to Paula Broadwell, his authorized biographer and girlfriend.

In October 2012, FBI agents interviewed Petraeus as part of an investigation into his affair with Broadwell — Petraeus would resign from the CIA the next month — and Petraeus told them he had not shared classified material with Broadwell. The plea deal notes that “these statements were false” and that Petraeus “then and there knew that he previously shared the Black Books with his biographer.” Lying to FBI agents is a federal crime for which people have received sentences of months or more than a year in jail.

Under his deal with prosecutors, Petraeus pleaded guilty to just one count of unauthorized removal and retention of classified information, a misdemeanor that can be punishable by a year in jail, though the deal calls only for probation and a $40,000 fine. As The New York Times noted today, the deal “allows Mr. Petraeus to focus on his lucrative post-government career as a partner in a private equity firm and a worldwide speaker on national security issues.”

The deal has another effect: it all but confirms a two-tier justice system in which senior officials are slapped on the wrist for serious violations while lesser officials are harshly prosecuted for relatively minor infractions.

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