Kelley’s brother said that his sister dined and shopped regularly with Holly Petraeus, and that she had no idea her complaint would eventually reveal an extramarital affair. David Khawam, a lawyer in New Jersey, said his sister called him Sunday and told him to turn on the news, which featured her role in the unfolding investigation.
“I’ve done nothing wrong,” Khawam said his sister told him. “I’m the victim here. But it still feels awful.”
In late summer, the FBI informed senior Justice Department officials about the case. A department spokeswoman, Tracy Schmaler, declined to say when Attorney General Eric H. Holder Jr. was informed.
After reviewing the investigation, federal prosecutors decided there was no evidence that warranted charges against Broadwell or Petraeus. The senior law enforcement official said Monday night that the case remains open.
Broadwell was interviewed the week of Oct. 21, and Petraeus was interviewed on Oct. 29. During his interview, he was told that he would not be charged and the FBI did not suggest that he resign, law enforcement officials said.
What remains unclear is why, after it was decided that criminal charges would not be filed, the FBI informed Clapper about the investigation. Another question is why the notification was made on Election Day about a case the Justice Department had declined to pursue weeks earlier.
At some point during the summer, the Tampa FBI agent whom Kelley had first approached for help was taken off the investigation. Frustrated and concerned that an inquiry into what he thought may be a possible national security breach had not progressed, he got in touch with the office of Rep. Dave Reichert (R-Wash.). Reichert passed the information on to House Majority Leader Eric Cantor (R-Va.).
“I was contacted by an F.B.I. employee concerned that sensitive, classified information may have been compromised and made certain Director Mueller was aware of these serious allegations and the potential risk to our national security,” Cantor said in a statement.
Cantor contacted FBI Director Robert S. Mueller III on Oct. 31, and a week later Clapper told Petraeus he needed to resign.
“I don’t know if it would have taken this course without Cantor,” a person close to the inquiry said.
Karen DeYoung, Carol D. Leonnig, Julie Tate and Greg Miller contributed to this report.