What did I get wrong?
Unauthorized removal and destruction of classified material[edit]
The National Archives building in
Washington, D.C.
On July 19, 2004, it was revealed that the
United States Department of Justice was investigating Berger for unauthorized removal of
classified documents in October 2003 from a
National Archives reading room prior to testifying before the
9/11 Commission. The documents were five classified copies of a single report commissioned from
Richard Clarke covering internal assessments of the Clinton Administration's handling of the unsuccessful
2000 millennium attack plots. An associate of Berger said Berger took one copy in September 2003 and four copies in October 2003, allegedly by stuffing the documents into his socks and pants.
[20][21] Berger subsequently lied to investigators when questioned about the removal of the documents.
[22]
In April 2005, Berger pleaded guilty to a misdemeanor charge of unauthorized removal and retention of classified material from the
National Archives in Washington, D.C.
[23]
Berger was fined $50,000,
[24] sentenced to serve two years of
probation and 100 hours of community service, and stripped of his security clearance for three years.
[22][25] The Justice Department initially said Berger only stole copies of classified documents and not originals,
[26] but the House Government Reform Committee later revealed that an unsupervised Berger had been given access to classified files of original, uncopied, uninventoried documents on terrorism. During the House Government Reform Committee hearings, Nancy Kegan Smith — who was the director of the presidential documents staff at the
National Archives and Records Administration — acknowledged that she had granted Berger access to original materials in her office.
[27]
On December 20, 2006, Inspector General Paul Brachfeld reported that Berger took a break to go outside without an escort. "In total, during this visit, he removed four documents ... Mr. Berger said he placed the documents under a trailer in an accessible construction area outside Archives 1 (the main Archives building)". Berger acknowledged having later retrieved the documents from the construction area and returned with them to his office.
[28][29]
On May 17, 2007, Berger relinquished his license to practice law as a result of the Justice Department investigation. Saying, "I have decided to voluntarily relinquish my license. ... While I derived great satisfaction from years of practicing law, I have not done so for 15 years and do not envision returning to the profession. I am very sorry for what I did, and I deeply apologize." By giving up his license, Berger avoided cross-examination by the Bar Counsel regarding details of his thefts.
[30]
