No, You Cannot Purloin, Berger, and You Cannot Eat Homework

Welcome to the reading and research rooms of the National Archives. The National Archives is the repository for many of the most important documents in our history.

This secure reading room is provided for former government officials, scholars and others engaged in serious research activities and possessing the necessary clearances to view classified archival materials.

To ensure the safety of our collections and to provide a comfortable work environment for our visitors, the National Archives asks that you comply at all times with the following rules. Failure to comply may result in immediate removal from the archives, criminal prosecution or other penalties.

1. Smoking is not permitted in any part of the National Archives facility. All smoking materials and related items (matches, pipes, etc.) must be surrendered to security guards upon entering the building.

2. No food or drink may be brought into the National Archives facility. Water fountains may be accessed in designated locations throughout the building. Visitors wishing to use these water fountains must be accompanied at all times by a member of the archives staff.

3. Handwritten notes may not be removed from the reading room. Do not stuff them into your jacket when you think no one is looking.

4. Do not stuff them into your pants, either. (Unexplained bulges may be subject to search.)

I thought once you weren't in the thick of it, you lost your clearances?

You are absolutely correct.

By all accounts about his current (private sector) employment, Berger would not be in any known or existing clearance category. Working as an unpaid advisor to Kerry's political campaign would not require clearance.

However, Berger's access to the documents is statutorily addressed in "Executive Order 12958, As Amended, Classified National Security Information".

The specific clause is "Sec. 4.4. Access by Historical Researchers and Certain Former Government Personnel" who "previously have occupied policy-making positions to which they were appointed by the President", e.g., Sandy Berger as former National Security Advisor.

Now, under this clause Berger would have to obtain a clearance waiver from the "agency head or senior agency official" and jump through several other formal hoops.

Since Bruce Lindsey (Bill Clinton's personal attorney) seems to have been involved in Berger's access to the Archives (the Archives staff called him upon discovering the breach), we can also assume that Bill Clinton himself had some involvement in granting the clearance waiver (he would be "agency head" relative to Berger).

It seems clear that Bruce Lindsey was the legal middleman between Bill Clinton, Berger, and Archives security in handling the legal procedures needed to generate the clearance waiver, the scope of the review, the dates of review, etc.

In the end it's unclear whether the press is distorting these facts out of ignorance, or from an attempt to sideline the fact that Lindsey/Clinton were involved in approving and granting Berger's access to the documents.

And I still want to know why the 9/11 Commission thought it was a good idea to let the former government official in charge at the time pick through the archives

The 9/11 Commission has no voice on Presidential archives.

From Geo. Washington right up until very recently (the 80's), all White House papers were considerd the personal property of the President. There was no law to that effect, just a matter of precedent.

That started changing during Watergate and is still in flux, but the Archives still pays great deference to the President.

Most pertinent, a former President can prevent (or allow) access to classified materials for 12 years after leaving office.

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