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Details of Classified Document Handling Procedures
None ^ | Jul 22, 2004 | Barry (tang-soo)

Posted on 07/22/2004 1:34:39 PM PDT by tang-soo

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I've posted this information on several Berger-related threads the last couple of days. Thanks to all those that have made supportive comments.

I've been encouraged to post this as its own thread. It's my first vanity but I think its on target.

I should stress that I'm no security expert - but I did work in that environment for nearly 12 years as an engineer in the aerospace industry (stealth technology). Amongst my duties, I was also the secured computer contact person during our department's audits with "The customer" and the FBI. This included things like proving procedures were being followed concerning the registering, cataloging and tracking of classified storage media, secured networks, hardcopy audit trails ... etc. It was not very exciting work - very boring but also needed.

Because of this work, I have a good idea of what that part of the world looks like. Who knows though after #42 and his crowd. I remember how O'leary (spelling) turned the DoE upside down with her wacky ideas of security. Remember the classified media supposedly found behind the copy machine during the Wen Ho-Li case? I have a friend who works for a private computer consulting firm that is contracted by the DoE and I think the DoD to perform inspections at government and contractor facilities. He told me the rules changed significantly during Clinton's years (to the worse) but I have no first hand knowledge.
1 posted on 07/22/2004 1:34:41 PM PDT by tang-soo
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To: tang-soo
Good summary.

"15) As such, ANYBODY who has worked in this environment and heard Mr. Berger's comments yesterday about being "sloppy" and "an honest mistake" knows beyond any doubt that he was not only lying, but this was a premeditated act."

Without a doubt.

The dims are hopeful the media can succeed. The media and talking heads are trying to make it sound innocent and inadvertent. They are playing on the fact that most people don't know what is required to handle Top Secret code word documents. They are trying to trivialize things and put actions into common word terms. It is not that way at all. Nothing is simple about top secret.

The toon ex-President laughing about it says all you need to know about his view of national security. And we wonder what caused the attacks on 9/11.

2 posted on 07/22/2004 1:42:48 PM PDT by snooker
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To: tang-soo
Note that a Xerox copy of a classified document is a classified document. Similarly, any handwritten notes taken on a classified document are classified working papers which must themselves be logged into the facility where they are created and must be controled by it thereafter.

I mention this because Berger's lawyer yesterday made statements which seem to imply that it is only the original document and not information gleaned from it which is classified and non-discloseable. Of course, the press played happily along.

3 posted on 07/22/2004 1:45:04 PM PDT by VadeRetro
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To: tang-soo

What Berger did would get any sailor 30 years to life in Leavenworth. Let's see what happens to another teflon Clintonite.


4 posted on 07/22/2004 1:45:53 PM PDT by pabianice
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To: tang-soo

Great post. But I have yet to get an answer to my question, "why does Berger still have a TS clearance?". My experience in Classified Printing and Pub. for USAREUR in the early 70's is that upon leaving one's position, he is debriefed and further access is prohibited, despite personal authorship or involvement.


5 posted on 07/22/2004 1:55:02 PM PDT by fat city (Julius Rosenberg's soviet code name was "Liberal")
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To: VadeRetro
Good point about the photo copies. I should have mentioned that any photo copier approved for this environement remains in the secured area. Non digital (ie drum type) machines can leave residual images. I know this sound paranoid but these are the kinds of things that concern security - as it should. I left the business before things like cell phones, pda devices, laptops, digital personal recoders, digital cameras. All these things are getting smaller every year. I imagine the rules are much tougher today and security people getting all the more diligent.

Speaking of cell phones, I heard on Glenn Beck this morning that Berger had a cell phone in the Archives. Do they allow that? How stupid is that?
6 posted on 07/22/2004 1:55:51 PM PDT by tang-soo (Prophecy of the Seventy Weeks - Read Daniel Chapter 9)
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To: pabianice

I think the most Berger will get is three years, unless treason can be shown.

I think this is the applicable code:

I believe that this is the applicable US criminal Code:

http://www4.law.cornell.edu/cgi-bin/htm_hl?DB=uscode18&STEMMER=en&WORDS=2071+&COLOUR=Red&STYLE=s&URL=/uscode/18/2071.html#muscat_highlighter_first_match

Sec. 2071. - Concealment, removal, or mutilation generally

(a)

Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b)

Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term ''office'' does not include the office held by any person as a retired officer of the Armed Forces of the United States


7 posted on 07/22/2004 1:58:40 PM PDT by kidd
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To: snooker; tang-soo
ANYBODY who has worked in this environment and heard Mr. Berger's comments yesterday about being "sloppy" and "an honest mistake" knows beyond any doubt that he was not only lying, but this was a premeditated act."

Absolutely dead-on correct. The brazenness of of the lie, and the stupifying complicity of the Beltway press, is breathtaking.

Thanks for you detailed procedural explanations, here's some more general material:

Executive Order 12958, As Amended, Classified National Security Information

BTW, Berger would most likely have been in the Archives not under clearance, but under the waiver of clearance provided for in XO 12958, above.

8 posted on 07/22/2004 2:03:32 PM PDT by angkor
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To: tang-soo
I also got out of the business about 10 years ago when the end of the Cold War really caught up to the procurement cycle. (Translation: "Couldn't get onto another Beltway Bandit computer contracting project.")

Yes, it's hard to believe a National Security Advisor doesn't know stuff any junior employee with a Confidential Clearance has to know.

9 posted on 07/22/2004 2:05:02 PM PDT by VadeRetro
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To: kidd

Some more statutes to chew on (found in an old post about John Deutch):

109. (U) Title 18 United States Code (U.S.C.) § 793, "Gathering,
transmitting or losing defense information" specifies in paragraph (f):

Whoever, being entrusted with or having lawful possession or control of any
document, writing,... or information, relating to national defense ...
through gross negligence permits the same to be removed from its proper
place of custody ... shall be fined under this title or imprisoned not more
than ten years, or both.

110. (U) Title 18 U.S.C. § 798, "Disclosure of classified information"
specifies in part:


Whoever, knowingly and willfully ... uses in any manner prejudicial to the
safety or interest of the United States ... any classified information ...
obtained by the processes of communication intelligence from the
communications of any foreign government, knowing the same to have been
obtained by such processes ... shall be fined under this title or imprisoned
not more than ten years, or both.
111. (U) Title 18 U.S.C. § 1924, "Unauthorized removal and retention of
classified documents or material" specifies:


Whoever, being an officer, employee, contractor or consultant of the United
States, and, by virtue of his office, employment, position or contract,
becomes possessed of documents or materials containing classified
information of the United States, knowingly removes such documents or
materials without authority and with the intent to retain such documents or
materials at an unauthorized location shall be fined not more than $1,000,
or imprisoned for not more than one year, or both.


10 posted on 07/22/2004 2:15:09 PM PDT by angkor
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To: kidd
Is there any way to trace the documents that he 'lost' or destroyed - or will we never know what he covered up and who it was that this was so important to?

Once the document is stolen - they would know the number, etc - but what about the content of the document?

11 posted on 07/22/2004 2:16:06 PM PDT by LADY J
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To: tang-soo

Thank you for sharing your great insight. Good information.


12 posted on 07/22/2004 2:21:52 PM PDT by Irish Eyes
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To: fat city; tang-soo
"why does Berger still have a TS clearance?".

He doesn't.

Check XO 12958 (link in my post #8).

About halfway through the XO, you will note the access provisions for historians and former presidential appointees, which of course Berger is.

He was in the Archives under a clearance waiver (again, the XO explains it).

I'm certain this is why Bruce Lindsey was involved, as the middleman between Berger and the Archives security staff and the guy who assisted in preparing the formal docs for the waiver.

BTW, Bill Clinton has ultimate adminstrative authority over the classified docs from his administration, and has clearly delegated the legal paperwork to Lindsey, at least in this case.

13 posted on 07/22/2004 2:26:31 PM PDT by angkor
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To: angkor

Good. 10 years is better.


14 posted on 07/22/2004 2:33:55 PM PDT by kidd
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To: LADY J

I'm not sure. I do know that the National Archives has procedures for "Emergency Destruction" of sensitive material, so I would guess that there is only one authorized copy of certain top secrets in the archives.


15 posted on 07/22/2004 2:36:55 PM PDT by kidd
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To: tang-soo

Thanks for this valuable post.


16 posted on 07/22/2004 2:38:54 PM PDT by livius
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To: tang-soo

This is a great post, one I've quoted on other threads when you posted it before. Personally, I wish someone would send a copy to all the talking heads--perhaps starting with Bill O'Reilly, who can't seem to get a grip on the reason Berger was criminally wrong!


17 posted on 07/22/2004 2:42:59 PM PDT by MizSterious (First, the journalists, THEN the lawyers.)
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To: MizSterious
This is a great post, one I've quoted on other threads when you posted it before. Personally, I wish someone would send a copy to all the talking heads--perhaps starting with Bill O'Reilly, who can't seem to get a grip on the reason Berger was criminally wrong!

Thank you for your kind words. I did send it to Jim Quinn and Glenn beck this morning. Who knows if they'll have time to read it. I know Glenn said he was going to read the 9/11 report tonight in preparation for tomorrow's show - so I'm sure he'll be busy (grin). Those are the only contacts I know off the top of my head. If those Freepers that usually stay in contact with Rush, Hannity, O'Reilly, Carl Limbacher, Farrah et al, that would be great if they could forward it.
18 posted on 07/22/2004 2:54:49 PM PDT by tang-soo (Prophecy of the Seventy Weeks - Read Daniel Chapter 9)
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To: tang-soo

Just a thought (and perhaps someone else has mentioned it):

The dems have questioned the timing of the leak, the inference being to draw attention away from the 9/11 report or to damage Kerry prior to the convention.

Maybe they are telling a 1/2 truth.

I do believe the dems are the source of the leak. And the timing is very, very important.

re:".....The latest word I have heard is that this material was classified "Code Word Access". Folks, if true, this is "Above Top Secret" ie. John Pollard type material.

So the question comes to mind, why would anybody do such a thing under conditions where he knew he stood a huge chance of being caught? The mission must have been extraordinary for such a risk. The presumption is that he wanted to alter or remove and destroy material that implicated either himself, or quite possibly Mr. Clinton. The fact that some of the material is "lost" implies that regardless of the consequences, the mission has been accomplished with his current situation collateral damage....."

The question of the day has been WHY? Why would Berger risk all? Who is he protecting? What leverage does someone have to do such a stupid, stupid thing...so obvious and blatant?

And this is where the timing comes in. If you were involved,, knew of the investigation, Berger was cooperating and the story could grow very, very long legs if the press had a slow week, what would you do?

Leak the story right before the release of the 9/11 report which just happens to be prior to the convention and pray to God the other events knock it out of the spotlight until our short attention span turns to another issue.

A strong possibility may be the source of the leak may lead to the answers of the questions we have been asking.


19 posted on 07/22/2004 3:08:20 PM PDT by Protect the Bill of Rights
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To: Protect the Bill of Rights
The dems have questioned the timing of the leak, the inference being to draw attention away from the 9/11 report or to damage Kerry prior to the convention.

In this spin I see another instance in which the world's sad today, it's gone bad today, black's white today and day's night today. Sandy Berger walks out of the National Archives with classified documents in his briefcase, pants, and socks. Who's the leaker? Bush!

20 posted on 07/22/2004 4:53:17 PM PDT by VadeRetro
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