The documents were in the 9-11 Commission Reading Room, right? Therefore, the fact that the originals were safe in the National Archives made no difference. Berger pulled the copies from the 9-11 RR so NO ONE ELSE WOULD READ THEM. In other words, he probably mistakenly selected them for the Commission and when he realized the mistake, he had to make them unavailable to the commission.
In stuffing the docs down his pant, he was covering his arse, literally!
Hmmmm, not sure if it was in the reading room but if so, that does explain things.
Okay, here's my speculation as to how this went down, finally getting some pieces of the puzzle.
There was set up a 9/11 commission "reading room" that was overseen by the National Archive staff, and likely reviewed by the CIA types for national security, as according to the leak it was the NA staff that reported it. The reading room had been properly supplied with all pertinant material as ordered to the Archive staff.
Sandy Burglar went to the reading room and tried to remove, or DID remove, some of the documentation available to others as part of the shared system. NA staff saw Burglar stuffing some of the stuff down his pants and leaving.
I think the justice department set up a sting. So they replaced one of the copies that Burglar took out of the reading room with some sort of specially watermarked copy. Daring him, when he returned to steal more stuff, to RE-STEAL the copy that he had stolen yesterday...oh drat, Burglar said to himself, someone figured out that this was missing....
That's how they caught him. A warrant and boom, that special watermarked copy was in his house.
I don't buy that Burglar made a "mistake" and forgot all the originals were safe back in the NA. Burglar wanted to remove those documents from the reading room so that whoever else had access to those documents wouldn't see them. And why would they ask to see them if they didn't know they exist? It was a desperate move but hey, another FOB eats dirt for the King and Queen.
Yesterday the justice dept notified the 9/11 commission about the investigation because, well I think they had to. Someone from the 9/11 commission leaked it.
However it's been weirdly phrased up to this missive, I think Bruce Lindsay was contacted simply because Burglar gave him Lindsay's name as his attorney. Burglar was probably told all that stuff about an attorney and hey, he's entitled to his rights under the constitution too.
Okay, back to more wool-gathering.