John Miller talks possibility of criminal charges against Paula Broadwell

Paula Broadwell is pictured here with Gen. David Petraeus.
CBS This Morning

(CBS News) Paula Broadwell, the woman involved in the extramarital affair with General David Petraeus, returned home to North Carolina over the weekend as questions about the affair and the possibility of criminal charges against Broadwell remain.

CBS News senior correspondent and former FBI national intelligence official John Miller addressed the possibility of charges Monday on "CBS This Morning" 

According to Miller, the process of deciding whether or not she will face charges began with the Tampa FBI office, run by special agent Steve Ibison. Ibison's agents were initially authorized to go ahead with the case by an assistant U.S. attorney. 

When Ibison learned of the case -- and the high profile official involved -- he brought it to the Chief Federal Prosecutor for central Florida, Robert O'Neill. At the time, O'Neill said that if a case emerges from the FBI's investigation, his office will prosecute Broadwell.

Now, the agents will summarize their findings from searches of Broadwell's home and computers to ascertain if there were potential criminal acts committed, possibly related to her handling of classified information.

Miller explained that following the agents' summary, the decision rests with O'Neill, who will be responsible for writing a declination letter, explaining why Broadwell should not be prosecuted, or conversely, writing up the charges against her. Miller also added that O'Neill's decision will be the main factor in the decision on the potential prosecution of Broadwell, but that his recommendation letter is likely to reach the Department of Justice and desk of Attorney General Eric Holder.

Speaking to Broadwell's possible defense, Miller said, "One of the things she has going for her in this legal argument is she has a security clearance from the government because of her military time. That's also working against her, because to get that you have to be trained in the the handling of classified documents. That means you know you can't have them at home, you can't have them on your computer."