SPOT ON! Also, no matter when it was leaked/learned, it would have been a question of timing! But, yes, during the prison scandal it would have been a much appreciated diversion!
This may be traipsing into tinfoil territory, but instead of a Bush/GOP leak, why couldn't it have been a Kerry staffer, ticked off that Berger never told the campaign that he was under investigation? That had the potential to really hurt Kerry, plus Berger is a Clinton man, and the Clintons have always shunned the Kennedy/Kerry wing of the party as a public-image liability; so, could an irate staffer run his/her mouth to an AP reporter "inadvertantly?"