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2. How could Mr. Berger be allowed in the Archives since he is not a current Government official? I’m sure that the documents related to 9/11 were top secret or better. If any U.S. Citizen has a TS or better clearance, can they get into the archives?

Private contractors can get TS or higher clearances based on a need-to-know from the DOD.

Does anybody know if Berger had a clearance at the time of the Archive query?

Even if Berger did have the proper clearance, who granted Berger permission to access these files? Just because you have the proper clearance doesn't mean that you are allowed to access all classified material at that level.

Berger had sufficient clearances in order to have held his NSA position. It takes a LONG time, typically longer than a year, for the background investigations to be done.

He would have lost his "access" privileges when the 'Toon administration came to an end. That did not end his security clearance.

He was tasked on behalf of the 9/11 Commission to access this material for them, and that gave him the "right-to-know", and that possibly meant that his security clearance had to be "refreshed" somehow.

The documents were "marked" by the archivists when they suspected he might be switching documents.

Typically, there is no one in the room with you when you are "accessing" such materials. You are supposed to be able to be trusted to begin with, and the archivists almost NEVER have the "right-to-know" and therefore are not to be in that room with you.