n e r b l e

http://www.usatoday.com/news/washing...er-probe_x.htm

By Kevin Johnson and Susan Page, USA TODAY
WASHINGTON — Samuel Berger, President Clinton's national security adviser, is the focus of a criminal investigation into whether he improperly removed notes and classified documents from the National Archives during preparations for hearings by the commission investigating the Sept. 11 attacks.

Sandy Berger confers with President Clinton in 2000. The FBI has conducted searches of Berger's home and office.
AP file

Berger said he inadvertently took some documents from the archives but was not trying to withhold information from the commission. His lawyers said he was cooperating with authorities. Three government officials who have been briefed on the investigation said Berger had removed handwritten notes and classified documents from a private room at the National Archives where he was preparing for his March 24 testimony. The officials declined to be identified because of the sensitivity of the investigation.

Two of the officials said Berger was reportedly seen stuffing some of the material into his clothing.

The FBI has conducted searches of Berger's home and office. But some of the documents he reviewed are still missing, the officials said. Some of those documents involved the Clinton administration's handling of intelligence surrounding terrorist plots to disrupt millennium celebrations in 1999 and identification of America's vulnerabilities at airports and seaports.

"I deeply regret the sloppiness involved but had no intention of withholding documents from the Commission and, to the contrary, to my knowledge every document requested by the Commission from the Clinton Administration was produced," Berger said in a statement Monday night. Berger said he returned some classified documents that he found in his office and all of the handwritten notes he had taken from the secure room. But, he said, he could not locate two or three copies of the millennium terror report.

"When I was informed by the archives that there were documents missing, I immediately returned everything I had except for a few documents that I apparently had accidentally discarded," he said. The archives is believed to have copies of some of the missing documents.

The government officials said the investigation was set in motion by National Archives employees who reportedly witnessed Berger's actions in the room.

David Gergen, who was an adviser to Clinton and worked with Berger for a time in the White House, said Tuesday, "I think it's more innocent than it looks."

Appearing on NBC's Today show, Gergen said, "I have known Sandy Berger for a long time. He would never do anything to compromise the security of the United States." Gergen said he thought that "it is suspicious" that word of the investigation of Berger would emerge just as the Sept. 11 commission is about to release its report, since "this investigation started months ago."

The revelation about Berger, first reported by the Associated Press, comes days before the commission releases its final report, which has become a political issue as both parties try to use its presumed findings to their advantage. Commission member Jamie Gorelick said the panel was informed about the investigation Monday.

Al Felzenberg, spokesman for the Sept. 11 commission, said Tuesday the Berger investigation will not impact the panel's work in any way. The 10-member bipartisan panel releases its final report on Thursday.

"This is a matter between the government and an individual," he said. "They were not our documents, and we believe we have access to all the materials we need to see to do our report."

Government and congressional officials familiar with the investigation, who spoke only on condition of anonymity because the probe involves classified materials, said no decision has been made on whether Berger should face criminal charges.

One of Berger's lawyers, Lanny Breuer, said Berger believed he was looking at copies of the classified documents, not originals.

The Archives, which is the nation's repository for presidential papers, is believed to have copies of some of the missing documents.

Berger was allowed to take handwritten notes. He knew that taking his own notes out of the secure reading room violated archives procedures. But, Breuer said, "I do not believe he acted illegally at all. He acted lawfully but admittedly sloppily."

Berger served as Clinton's national security adviser from 1997-2001 and has been advising Democratic presidential candidate John Kerry.

Semmer

Don't you hate it when you accidently take documents from the government. Happens to me all the time.....

n e r b l e

according to fox he was stuffing some in his socks. yes. that's it. he didn't mean to. they just accidentally got in his socks.

Semmer

Hey, you'd be surprised at the stuff I find in my socks at the end of the day. Of course this is just probably something set up by the Bush Administration Why not? They get blamed for everything else Clinton's Administration did.

Enigma, I.C.

How curious that this story emerges two days before the 9/11 commission releases its report. I guess Karl Rove is launching a pre-emptive media offensive.
I find it hard to believe he was deliberately stealing documents. He returned them and apologized. Yes, he was wrong to remove them and he's admitted it.

n e r b l e

first off he stuffed them in his pants and socks. not a likely mistake. second, there are still missing documents as told by the report. third, you're far more interested in the "timing of the release" then you are that a high ranking official stole documents on purpouse and is still withholding some of them. in my opinion that is just a "look, behind you!" tactic.

summerbug

Well...it wasn't a mistake. The last I heard, he said he was taking copies to prepare for his briefing to the commission.

It was several years ago. I guess he could have used the Reagan excuse from the Iran Contra hearings - when much less time had passed? Probably would have been better. Then again, his memory may also be muddled because of all the work distractions he had to deal with during office. I mean, the right was so obsessed with Clinton and his sex life it was probably hard to remember anything except that without a little review

n e r b l e

Just an fyi it's illegal to remove even copies (i'm probably putting italics on a misspelling heh) of classified documents. hence him hiding them. the notes i'm not sure of the legality of but i do know about even the copies. also it was for the 9/11 commision which was (much) less than a year. also if you're so muddled your putting documents into your socks w/ out noticing i don't know that you need to be having access to that kind of information to begin w/.

ceilirose

Here's the link to an interview with Berger's lawyer, Lanny Breuer -

http://www.cnn.com/TRANSCRIPTS/0407/20/wbr.01.html

The investigation has been ongoing since October of 2003. Two days before the 9/11 Commission report is due this news comes out. The very bizzare and weird story about Berger stuffing the documents in his shoes is pretty illogical. I have a hard time believing that NA officials saw him doing this and then didn't think to stop him themselves or call security. Then they kept this to themselves for 9 months...even keeping it from the Justice Department and Berger's lawyer. Sounds like the biggest political story of the year since John Kerry's non-affair with that intern.

Berger's lawyer denies this part of the story and has asked in another report that the people who are accusing Berger of this come forward. It's in the link as well. It's amazing that the mainstream media can report this kind of accusation with a straight face and credit unname sources for it. Of course if it comes from Fox News and that should raise a red flag for anyone except the most partisan Republicans.

If you can wade through the hysteria coming from Capitol Hill Republicans it seems that the still missing report that Berger was not able to return to the National Archives was about the terror threat for the Millenium. However the 9/11 Commission has a copy of that report so any attempts by Berger to rewrite history might be a little tough.

This whole thing reeks of politics. I just hope that it takes the Justice Department the same length of time to investigate this matter as it has taken them to investigate the Plame affair. One year and counting.

Berger was wrong to do what he did and he said so in a statement last night. It's probably too late to keep this matter from becoming a political nightmare but if it gets Bush a few percentage points in the poll then I guess it's mission accomplished.

summerbug

Hey - he said he was returning them And second, yes, it was a long time ago. He's probably been asked more about Monica Lewinsky while in office and since than anything else related to his job. Again, I am sure it was just for clarification - regardless of whether it was right or wrong and regardless of if he knew it probably was.

Yes, it was wrong to remove copies of anything - whatever the reason. Doesn't change the convenient timing issue ... Doesn't change the fact that it is being reported on virtually from a Republican memo. I mean, what happened to investigative journalism? Why isn't there this much media time spent on the investigation of the ENRON emails where several high ranking Republicans were trying to give and get "credit" for raising all kinds of soft cash from this company?

The problem is, as ceilirose pointed out, if people saw this happening why didn't they stop the documents from leaving the building in the first place? Seems like that is the problem from a security standpoint wouldn't you say?

SuperDeluxe

There was a 2nd gunman on the grassy knoll!

A plane really didnt crash into the pentagon!!?!

Enigma, I.C.

I'm swiping this from http://atrios.blogspot.com/ who in turn swiped it from the WSJ http://tinyurl.com/6cqnd

I did a search through Yahoo! News and the only other place I found this story posted was at KYW Radio and all it does is echo the WSJ story. Liberal media indeed. I imagine apologies from those who said he smuggled stuff out in his socks will not be forthcoming. It was a politically-motivated smear story and I hope some of you will realize that now.

n e r b l e

ok. then why did he admit to taking them? they said they found them, his attorney and he apoligized? why if it didn't happen?

Enigma, I.C.

I don't know. I can speculate that maybe they did that just to get the media to shut up and leave him alone. You'd have to ask Berger to know for sure, though

n e r b l e

It's just wierd. Cause it doesn't make sense to own up to something that didn't happen. I've also still been searching for some kind of news about the WJC article and I can only figure it's false or something. ??? You'd think that the white house press corps or the investigation team would release SOMETHING even if it's just to Ruters or the AP. Also, it looks like the article was cropped and I don't subscribe so I can't tell what the rest of the article said. It's odd all around. Maybe it's an unconfirmed leaked thing that the WJC got the jump on? ???