Retired General and former Central Intelligence Agency Director David Petraeus’ biography written by his newly exposed (through e-mails) paramour Paula Broadwell, wife of Dr. Scott Broadwell, should be retitled from “All In” to “All in, no way out” or “All in, all hanging out”. One can use different permutations.

            According to reports, Jill Kelley, 37, the attractive wife of Dr. Scott Kelley, of Tampa, Florida, and a family friend of the Petrauses, received a number of anonymous harassing e-mails, which reportedly accused her of “inappropriate flirtatious behavior with Petraeus.”  She serves as a social liaison to MacDill Air Force Base in Tampa where the military’s Central Command is located. Petraus once headed the Central Command, during which he and his wife, Holly, met the Kelleys. She notified the Federal Bureau of Investigation (FBI) which conducted an investigation. It traced the emails to Broadwell. The FBI also discovered emails between Broadwell and Petraeus some of which were allegedly “salacious” and which established that they had an affair. Was Broadwell jealous of Kelley? Look at their pictures and draw your conclusion.

 

ADULTERY IS NOT A CRIME IN MOST STATES

Adultery is no longer a crime in most states. Hence no criminal charges are expected be filed against Petraeus. However, if it turns out that his affair began before he retired from the U.S. Army, he could potentially be subject to prosecution, since adultery is an offense under military law.

Adultery is not a ground for deportation, although adultery is considered by some USCIS officers as indicative of lack of good moral character which is a requirement for citizenship. We are disputing this determination in a case now on appeal.

 It seems that it is only the Philippines and the Bible which punish adultery. Although the U.S. military treats adultery as an offense, who knows, Obama could make adultery no longer illegal in the military, like when he allowed gays in the military.

Officials in high places have been involved in extramarital affairs but kept their office. Our favorite example is President Bill Clinton. Remember his famous line: “I never had sex with that woman – Monica Lewinsky.” But when Monica, offended by his lie and condescending remarks, brought to the FBI her dress which she claimed was stained with Clinton’s semen, the FBI took Clinton’s DNA and when they matched impeachment followed – not for adultery (since it is not certain whether fellatio is technically adultery which requires sexual intercourse as an element) - but for lying (not lying down with Monica but for not telling the truth). Clinton survived not because he was not guilty but because his Democratic party mates saved him. He did not compromise national security. He was merely in a compromising position.

Allen Dulles who also headed the CIA, had a number of well-publicized affairs, but he never resigned according to Stephen Kinzer, author of the forthcoming book “The Brothers: John Foster Dulles, Allen Dulles, and Their Secret World War.”

So why should the case of Petraeus be different? He confessed to only one affair. Why didn’t he stand ramrod straight instead of stooping and say: What I do in my private life is nobody’s business. Or, Petraeus could have told Obama, Mr. President, I had an affair but it’s over. Instead, Petraeus upon meeting Obama, handed his resignation letter. The fact that Obama said he wanted to think about it indicates that Obama felt that Petraeus’ conduct was not so inherently evil as to warrant immediate resignation. In the James Bond movie Skyfall, M, the head of British intelligence was considered ineffective and it was suggested that she should resign and leave with dignity. “I will resign when the job is done, not when it is dignified to do so,” she quipped. Petraeus should have seen that movie before resigning. Would Obama have forced Petraeus to resign? Petraeus knows a lot of secrets, including some that might be damaging to Obama or the administration.

“He screwed up” (or “he screwed”?), Steve Boylan, a former Petraeus spokesman, was quoted as saying.  David Petraeus’s critics have referenced the Bible, comparing it to the “David and Bathsheba” affair.  Petraeus has published his “Rules for Living.” The Fifth is:  “We all make mistakes. The key is to recognize them and admit them.” As my father once told me, “there are people who are intelligent but dumb.” According to an old saying, “One swallow does not a summer make.” Hence, one adulterous act does not make a person an evil one.”

 

ADULTERY AND 11th COMMANDMENT

            People who have never committed adultery do not know the thrills and pleasures of it; it is like tasting the forbidden fruit, according to a lawyer I know who has had experience in this adventure. The lawyer has never been caught because he does not use emails to communicate with paramours. He just picks up the phone. The lawyer shuns texting.

            (For an article discussing how easy it is for law enforcement agents to examine emails, see http://news.yahoo.com/not-hard-authorities-email-082207164.html.)

            The moral lesson is: Do not commit adultery. But if you do, since many of us are human, do as the lawyer does – no emails, no texting, no facebook, no love notes, and no illegitimate children. In short, do not leave any tangible evidence. Or, as I have always been saying, do not violate the 11th Commandment: “Thou shall not get caught.” And if you are caught, “negar hasta muerto” (deny until death).

 

(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 792-3051. Cell Phone (808) 225-2645. E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Website: www.MilitaryandCriminalLaw.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, interesting, and useful radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)

 

 

Tipon Immigration Guide 11 12 12 Damn those emails

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