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Mr. Berger's notes would be a derivative work and therefore also be controlled documents. Mr. Berger could not possible worked as national security advisor and not understand this.

Do Berger's notes, as a derivative document, fall under the 1978 Public Documents Act? If so, they are the property of the US Government and not his personal property.

This is already being set up as a *technical violation* in that he *only* kept *his own* notes.

Also, he is piously claimong he gave the Commission all the documents they *requested*. He didn't give them the documents they were unaware of and therefore did not request.

Do Berger's notes, as a derivative document, fall under the 1978 Public Documents Act? If so, they are the property of the US Government and not his personal property.

This is already being set up as a *technical violation* in that he *only* kept *his own* notes.

In this case, there is NO such thing as his "own" notes. Anything he wrote down based on his reading of Top Secret documents, automatically becomes classified Top Secret as well, and as such, has to be locked up and reviewed only under appropriate supervision.

The fact that he took these notes - and then says he destroyed them (and how do we know that that is what happened to them?) is ludicrous. As NSC he KNEW how to handle this information and willfully disobeyed DIAM/50 directives on handling of classified documents.

Also, he is piously claiming (corrrected) he gave the Commission all the documents they *requested*. He didn't give them the documents they were unaware of and therefore did not request.

Good catch. He is playing a cat-and-mouse game here - I'll give you what you ask for, but if you don't know to ask for it, I'm not forking it over.
What we also need to remember is that he took documents repeatedly. As in - he took a document, it was replaced, and he took the SAME ONE again. He did this twice, as I understand it, from what I've read so far.
Therefore, this is willful, volitional removal of documents, not just notes.

If I had done anything even close to this while I had my clearances, I would not only have been summarily fired, but brought up on charges for mishandling of classified information. NO ONE in the DoD community walks away from such an offense as this - and let me repeat, these are REPEATED OFFENSES.
It is just nuts to assume that this was a mistake or an oversight. It was malicious, willful and repetitive.

If we let the Liberal Lying media get away with burying this, then we have no one to blame but us. Call the New York Times who hasn't reported on this yet as I read on another FR thread. MAKE them report on it. Make them report ACCURATELY on it.

Same for the "BS" stations, as Rush would say - NBCABCCBS and MSNBC.

They will gloss over this and it will die a quick death, unless we force them to stay on it, and reveal all of the intricacies of this felony.