When is someone going to determine if Berger had a camera cell phone? He was already reported to have asked the Archive staff to leave the room so he could make a "sensitive" call. Maybe he wasn't lying and has a really sensitive camera lens on his phone.
It is unlikely that cell phones would work inside a secure facility.
If this had been you or me, we would be UNDER THE JAIL! We wouldn't see the light of day for years. It seems that if you are one of the elite, no matter if your party is out of power, then you are un-touchable. He should have been charged immediately.