Prosecutors are recommending felony charges against David Petraeus for allegedly divulging classified information to an old mistress, unnamed officials tell the New York Times. Now it's Eric Holder's call to either heed the FBI and Justice Dept advice or risk the perception of special treatment for the retired four-star general. The story goes back to 2012, when Petraeus retired as CIA director in the wake of his affair with Army Reserve officer Paula Broadwell. An investigation found classified documents on her computer and evidence that she had access to his private CIA email account. Petraeus denies divulging any classified information, and says he would refuse a plea deal.
As the case dragged on, FBI and Justice officials questioned whether Petraeus was getting special treatment. A federal official tells NBC News that the Times leak is meant to pressure Holder, who was expected to decide on charges by the end of last year. President Obama has supported the ex-general, saying in 2012 that there was no proof Petraeus had leaked information "that in any way would have had a negative impact on our national security." So will the storied military man, who commanded US forces in Iraq in 2007 and again in Afghanistan in 2010, go on trial? So far, it's hard to get quotes on the record. "I can't say," said FBI Director James Comey when asked about the investigation. "I mean, I guess I could say, but I won’t say." (Read more President Obama stories.)