2) Did the government get a warrant to search Paula Broadwell's email account? Conflicting reports on this one, as blogger Julian Sanchez has noted. The Wall Street Journal says yes but Reuters says no: "The FBI investigation into the emails was fairly straightforward and did not require obtaining court orders to monitor the email accounts of those involved, including the personal email account of Petraeus." What? Yes, the FBI can read the emails Kelley turned over to them without a warrant. But to go snooping further, shouldn't investigators have to get one? This is not a legal nicety. Warrants are the basic constitutional check on the power of law enforcement and prosecutors to search and seize.
3) Once the FBI established that neither Broadwell nor Petraeus had committed a crime, why did they tell Director of National Intelligence James Clapper and the White House? This question comes from law professor Orin Kerr at The Volokh Conspiracy. I get that once the FBI found sexually explicit emails between Broadwell and Petraeus (given the potential for blackmailing the head of the CIA), the investigators had to press on. And when Broadwell gave them her computer and they found classified material on it, they had to determine whether it came from Petraeus. But then the Department of Justice reportedly concluded that no crime had been committed. And yet, as Orin writes:
According to the New York Times, at that point the FBI decided to notify the Director of National Intelligence about the investigation. But it's not entirely clear to me exactly why they did that or who else was notified, or exactly why Petraeus resigned. So the uncertain part of the story isn't so much the investigation as it is the notification after the investigation had largely (if tentatively) ended. I'd be interested to know who was notified and why; and to the extent we can know, what role those notifications had in Petraeus's resignation.[end ital]