The way things look to me this is pretty much cut and dried.
Outside attorney was hired to investigate situation, attorney is concerned whether it took place on county time or property. That is the limit of what the attorney can do, if she dug into what was going on in either of these two's homes, vehicles or hotel rooms, then the attorney would be wasting taxpayer money investigating something that had no concern of the county!
Not only that, we're talking about an act between two consenting adults, No big deal, we've all done it/had it (or at least I'm assuming so) so unless they were doing it in a closet full of county provided contraception what business is it of anyone's? Morally yes it was wrong what they did but the attorney wasn't hired to investigate morals!
Leave the rest up to the attorneys that get hired by the spouses involved, if the spouses choose not to take action that is their business, let it go.
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