In the FBI search of his office, Berger also was found in possession of a small number of classified note cards containing his handwritten notes from the Middle East peace talks during the 1990s, but those are not a focus of the current criminal probe, officials and lawyers said.
Breuer said the Archives staff first raised concerns with Berger during an Oct. 2 review of documents that at least one copy of the post-millennium report he had reviewed earlier was missing. Berger was given a second copy that day, Breuer said.
Officials familiar with the investigation said Archives staff specially marked the documents and when the new copy and others disappeared, Archives officials called Clinton attorney Bruce Lindsey to report the disappearance.
Berger immediately returned all the notes he had taken, and conducted a search and located two copies of the classified documents on a messy desk in his office, Breuer said. An Archives official came to Berger's home to collect those documents but Berger couldn't locate the other missing copies, the lawyer said.
He retained counsel, and in January the FBI executed search warrants of a safe at Berger's home as well as his business office where he found some of the documents. Agents also failed to locate the missing documents.
Justice Department officials have told the Sept. 11 commission of the Berger incident and the nature of the documents in case commissioners wanted more information, officials said. The commission is expected to release its final report Thursday.
Congressional intelligence committees, however, have not been formally notified.
"The House Intelligence Committee has not been informed on the loss or theft of any classified intelligence information from the Archives, but we will follow up and get the information that is appropriate for the committee to have," the committee said Monday in a statement. "And if it has occurred, we should be informed. If there has been delay in getting the information to the committee we need to know why."
Berger is the second high-level Clinton-era official to face controversy over taking classified information home.
Former CIA Director John Deutch was pardoned by Clinton just hours before Clinton left office in 2001 for taking home classified information and keeping it on unsecured computers at his home during his time at the CIA and Pentagon. Deutch was about to enter into a plea agreement for a misdemeanor charge of mishandling government secrets when the pardon was granted.
Why in tarnation would Bruce Lindsey be called?!
So is this going to be another "memogate" were the REAL crime gets covered up?
Why on earth did Justice not inform Congress!
I have a feeling the House and Senate Intel. comm's...are now INFORMED ! :-) TOUCHDOWN PATRIOTS !