Posted on 07/20/2004 7:54:53 PM PDT by gogipper
I sent this letter to WLS radio in Chicago in response to an afternoon broadcast.
I was alarmed during your newscast this afternoon when you said that Mr. Berger’s absconding with and losing classified documents was a misdemeanor. Years ago I was a classified document custodian in the army and recall vividly my concern that I might lose or mishandle documents. My understanding was that this breach under Uniformed Code of Military Justice would lead to my breaking big rocks into little rocks at the Federal Military Prison for several years. I distinctly recall hearing warning stories during my basic officer’s training about those who failed to maintain security and suffered this dire circumstance. How could this be considered a MISDEMEANOR?????
The information you provided in the broadcast was WRONG. It was an exhausting 10 minutes of google searching to find the following link outlining the charges that I believe would apply and followed by the 10 YEAR SENTENCE provided for it. ----not a fine!!!! What I believe the are applicable paragraphs are below. Please do your journalistic job and check me, its been a few years since I read USC charges and specifications....
Were you trying to mislead your audience or was this information transmitted from liberal journalism central?
Here is a little thought experiment:
Try to think of a document that a terrorist organization would value more highly than a high level review of where the weaknesses in our counterterrorism efforts are.
Then ask if Mr. Berger could immediately state that the documents he lost didn't end up in the trash -- handled by a middle eastern trash collector.
This inattention to security is going to get us killed.
http://www.ssa.gov/OP_Home/comp2/D-USC-18.html
CHAPTER 37—ESPIONAGE AND CENSORSHIP
§793. Gathering, transmitting or losing defense information
(d) Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or
(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer— Shall be fined under this title or imprisoned not more than ten years, or both.
Ladies and Gentlemen we have a winner. Yes the journalist was the bloviating, pompous Bill Cameron.
Sometimes Marvin's medications are more effective than at other times.
When I was in the Navy, I saw Top Secret Crypto documents on an everyday basis. Prior to that, I had to sign a document stating that I agreed that I would not say a word about what I did for 10 years after leaving the military. My parents had no idea what I did as a job. Berger needs to have a long time to contemplate his actions, maybe next door to Martha Stewart. Even better would be if Bill and Hil were in the next cell.
Booo hooo hahahah wishful thinking... this is a felony ( premeditated at that) he will do time and HARD time.
So with your experience, wouldn't Berger have been denied taking in any sort of writing material, such as the leather portfolio that has been described (no matter how small)?
Are guards required to stay in the room while he looks at the material, or do they just watch on screens? Would guards normally have been required to account for every document before McBergler left the building?
Yuppers....security violations are punishable by 10 years in jail and a $10,000 fine...anyone who has had a security clearance of any importance knows this...Berger is a thief and a liar
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