PS - the reason why this info came out this week - it's clear from the news coverage - is that Berger has been officially notified he's the target of a criminal investigation and his attorneys are beginning damage control. Such incident would imply an indictment is forthcoming & given the precedent with Ellsworth & the Pentagon Papers - Berger will undoubtedly do prison time.
IOW, it is entirely possible that Berger and his lawyer chose to "leak" this information to the media themselves pre-emptorily, so they could then blame the current evil, mean-spirited administration for it, and claim it was a "distraction" to cover up the findings of the 9/11 Commission, etc....
I wish that were true but the corruption in Washington is such that each is protected by the others transgressions. I will be surprised to see it.