I want to see if the Justice Department prosecutes.
Will the "New Tone" trump the rule of law in the name of political pandering?
Let's hope not.
I hope they do. I wish they would. I'm sure they won't.
Here is my reasoning. Berger violated procedures. After an extensive investigation, FBI will conclude that he did not pass information along to any adversary (after all, he said he shredded them), so the simple removal of the information will not merit a prosecution.
Because of his agregious violation of security requirements, he may be denied UNESCORTED access to such records in the future. The harm he did was not by releasing classified information (which we have no evidence that he did), but by altering and removing relevant documents to the 9/11 investigation.
Once you reach a certain level, you are bulletproof. Remember Hazel O'Leary and all her legal problems? Now sentenced to be the President of Fisk University. Sad.