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(NEWSER) – 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.

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