There was an article to this effect in the WSJ, but I think that it was a press release from Berger's lawyer. You have to read it very carefully to get the full meaning. What they said was that he had not withheld any documents from the 9/11 Commission because everything that he was given were photocopies. I am still not sure if that includes all drafts of the documents. There was one small paragraph which stated that he was still under investigation for removing top security documents from the federal archives. Basicly, this is a smokescreen, meant to help Kerry.
It's spin.
What records could Berger "withhold"? those wouldn't be the archives documents, if read plainly.