Berger's theft of the documents was discovered by National Archives employees. Keep in mind this was the SECOND time they'd noted missing files after Berger's visits.
Wouldn't you think they would call the Justice Dept? Why would they call Berger's own attorney? It smells.
It's funny, really, that the employees immediately knew Sandy Berger was the document thief. Seems to me the stickyfingered Sandy was doing the Clintons' bidding - express or implied - in swiping the damning documents.