Since news broke that charges could be filed against retired Gen. David Petraeus for allegedly disclosing classified information to a biographer who became his lover, lawmakers have rushed to his defense. But on Monday, one Member of Congress wasn’t willing to grant special treatment to the former top general.

“It’d be very hard to justify not prosecuting [Petraeus] if the facts were there,” said. Rep. Peter Welch (D-Vt.) on MSNBC.

Those sentiments run counter to what other lawmakers have said, in reaction to the news that the former CIA Director and commander of US forces in Iraq and Afghanistan could meet the same fate as others who’ve been accused of leaking classified information in acts of dissent.

On Sunday, Sen. Dianne Feinstein (D-Calif.) told CNN that Petraeus shouldn’t be charged. “It’s done, it’s over. And he’s retired. He’s lost his job…How much does the government want?” she asked.

The new chairman of the Senate Intelligence Committee, Sen. Richard Burr (R-N.C.) said he didn’t think Petraeus should be prosecuted either, noting that President Obama had said in 2012 there was no indication that classified evidence was disclosed in this incident.

Last week, the New York Times reported that prosecutors at the Justice Department recommended bringing felony charges against the former general, stemming from a 2012 affair Petraeus had with author Paula Broadwell while she was working on his biography. FBI agents discovered classified documents on Broadwell’s laptop, presumably shared with her by Petraeus who was the Director of the CIA at the time. The incident forced his resignation.

Attorney General Eric Holder refused to comment on whether or not the Justice Department would follow through on its prosecutors’ recommendation to file charges against Petraeus.

Holder has aggressively pursued unauthorized leaks. He has charged more people with violating the Espionage Act than any other administration in history combined. Former Army Pfc. Chelsea Manning and former CIA agent John Kiriakou are currently serving prison sentences for disclosing classified information to journalists.

Edward Snowden, a former NSA contractor who is currently being granted asylum in Russia, is also facing charges.

Senators like Feinstein, who are rushing to defend Petraeus by citing his past accomplishments, have previously used harsh words for other leakers.

“I think it’s an act of treason,” she said of the Snowden disclosures in 2013.

Past accolades don’t leave someone immune from prosecution, however, according to Rep. Welch.

“There’s an enormous amount of respect for General Petraeus…he’s been obviously a tremendous public servant,” he said.

“But the rule of law and the importance of protecting national security and intelligence has to be upheld.”