Thursday, March 31, 2005

Sloppy Berger

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By MARK SHERMAN

WASHINGTON (AP) -- Former national security adviser Sandy Berger will plead guilty to taking classified documents from the National Archives, the Justice Department said Thursday.

Berger, who served in the Clinton administration, will enter the plea Friday in U.S. District Court in Washington, said Justice spokesman Bryan Sierra.

The plea agreement, if accepted by a judge, ends a bizarre episode in which the man who once had access to the government's most sensitive intelligence was accused of sneaking documents out of the Archives in his clothing...

He said he was reviewing the materials to help determine which Clinton administration documents to provide to the independent commission investigating the Sept. 11, 2001, terror attacks. He called the episode "an honest mistake," and denied criminal wrongdoing.

Berger and his lawyer, Lanny Breuer, have said Berger knowingly removed the handwritten notes by placing them in his jacket and pants and he inadvertently took copies of actual classified documents in a leather portfolio.

He returned most of the documents, but still missing are some drafts of a sensitive after-action report on the Clinton administration's handling of al-Qaida terror threats during the December 1999 millennium celebration.

"Mr. Berger has cooperated fully with the Department of Justice and is pleased that a resolution appears very near," Breuer said Thursday.

The charge of unauthorized removal and retention of classified material is a misdemeanor that carries a maximum sentence of a year in prison and up to a $100,000 fine.

However, a federal law enforcement official said a plea agreement calls for Berger to serve no jail time but to pay a $10,000 fine, surrender his security clearance for three years and cooperate with investigators. The official spoke on condition of anonymity because of the pending court proceeding. A judge must approve the agreement...

Former President Clinton was among Democrats who questioned the timing of the disclosure of the Berger probe, three days before the release of the final Sept. 11 commission report. The commission, writing just three months before the 2004 presidential election, detailed failures of both the Clinton and Bush administrations.
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Poor sloppy Sandy. Removing classified documents, stuffing notes in his pants, failing to return all of the drafts he "borrowed"--it could happen to anyone.

For three years Sandy won't have security clearance, surrendering his access to classified government materials. It'll will be tough for him to manage without that privilege.

I suppose he could find someone else with security clearance to smuggle out classified documents for him, as an "honest mistake" of course.

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