Federal law enforcement is recommending charges against retired Army Gen. David H. Petraeus, believing that he shared classified information with his mistress while he served as CIA director, according to a report.

U.S. Attorney General Eric Holder will be the one to make the decision on whether to file felony charges against Petraeus, the Los Angeles Times reported. It would not be unprecedented for the the head of the Justice Department to pass on prosecuting someone who is recommended for charges, but this particular decision will be particularly political because it involves a high-profile figure like Petraeus, who once commanded forces in Iraq and Afghanistan.

Petraeus resigned in November 2012 from the CIA after his affair with an Army reserve officer who was writing his biography was revealed to the public. The woman, Paula Broadwell, allegedly had access to his CIA email account, and was given confidential information.

Petraeus had been a widely hailed leader in both the Pentagon and CIA, and had been the architect of the “surge” strategy in Iraq in the final years of the George W. Bush administration.

He admitted that he had shown poor judgment during his affair, he claims he never gave Broadwell any classified material — a claim that FBI agents countered with evidence of classified material on her computer at her North Carolina home.

After gathering evidence in the Charlotte, N.C. area, federal officials have recommended prosecution, according to the LA Times report. A source has told them that they have pushed for prosecution and are waiting, as it is ultimately up to the Department of Justice to proceed with charges.

A spokesman for Petraeus indicated he had no comment on any pending charges.

Sen. John McCain (R-Ariz.), who now chairs the Senate Armed Services Committee, wrote to Holder last month asking for the investigation to be quickly resolved, arguing that the United States “cannot afford to have his voice silence” by an unresolved investigation “at this critical moment in our country’s history.”

The Justice Department also declined to comment on the news reports.

In a speech to the University of Southern California in 2013, he apologized for his behavior, acknowledging that was his own doing.

The investigation into Petraeus was actually an accident that arose from an FBI agent looking into some threatening emails to socialite Jill Kelley in Tampa, Fla. Those emails were traced to Broadwell, who was allegedly jealous of Kelley’s relationship with another senior officer, Marine Gen. John Allen. Further digging revealed Broadwell had an affair with Petraeus.