Ex-Clinton aide took secret files (Samuel Berger)

BBC ^ | 01/04/05

[traumer]

A former top aide to Bill Clinton is to plead guilty to removing classified documents from the National Archives.

Former national security adviser Samuel Berger has admitted taking copies of a classified memo to prepare for his testimony before the 9/11 Commission.

Mr Berger has said it was "an honest mistake" and apologised. He has agreed to give up his security clearance and co-operate with the investigation.

The offence carries a maximum one-year prison sentence and a $100,000 fine.

'Inadvertent' behaviour

Mr Berger is due to plead guilty before a court in Washington DC.

He testified in March 2004 before the commission, which has examined all aspects of the attacks.

As Mr Clinton's national security adviser, he was questioned about the Clinton administration's response to the al-Qaeda threat.

In preparation for his testimony, he reviewed thousands of pages of classified terrorism and security documents in a secure reading room at the National Archives in Washington.

11 September attack The inquiry said US intelligence was partly to blame for the attacks

It was during this work, according to Mr Berger and his lawyers, that he removed notes he had made about the anti-terror papers he consulted.

He also inadvertently took copies of actual documents.

He returned them all, but some copies of a 1999 intelligence report on terrorist plots to disrupt the millennium celebrations are still missing.

Mr Berger believes he may have inadvertently discarded them.

Mr Berger served as President Clinton's national security adviser from 1997 to 2001.

The Commission published its report in July last year.

It found the country's intelligence agencies failed to share information and were often engaged in bureaucratic competition.

[highlander_UW]

Mr Berger has said it was "an honest mistake" and apologised.

To steal classified documents and then destroy them is a mistake, but it's not honest. So what was he covering up?

[RedBloodedAmerican]

A former national security adviser from 1997 to 2001 making an honest mistake like this?

Not only is it impossible for a Clinton to be truthful, but their cohorts as well.

[Vaquero]

put him in the general prison population...let him be Mrs. Bubba...if he likes to stuff documents down his pants...wait till he sees what his fellow inmates have to stuff down them.

[EagleUSA]

Berger, the Clinton Kool-Aid drinker, was just doing his duty to protect the treasonous, incompetent and corrupt Clintons. You have to give the man credit for his warped devotion to such reprobates.

[Diogenesis]

Can confidence in American Justice fall any lower?

Secretary of Defense Cohen, Impeached Bill Clinton, Albright, and long-accepted CODE-level thief
and document destroyer National Security Adviser Sandy Berger,
holding court in the Ronald Reagan Building on April 25, 1999
The Impeached Bill Clinton: "We were all making comments
we shouldn't have about how the meeting was getting very boring.
So finally we decided we had to make like the monkey. Cohen
started this 'hear no evil,' and then I was next so I spoke no evil,
then Madeleine saw no evil, so Sandy Berger said, 'I'm evil.'"

[Diogenesis]

Berger belongs in Jail. I have lost respect, all respect, for the DOJ and America's utterly corrupt Judiciary.

Sandy Berger-Burglar was a key beneficiary of "Gorelick’s Wall"
TIME, "The Ubiquitous Mr. Fix-It", Adam Cohen

---

John Kerry was a key beneficiary of Berger's Burglaries
Rescued: Data the Kerry/Edwards Campaign Tried to DELETE from its site! (grandpa dave found cache)

---

Berger purloined all draft revisions of a key critique of the government's response
to the millennium terrorism threat, a document that detailed Administration knowledge
– and inaction – regarding al Qaeda presence in the U.S. in 1999
and 2000. Stolen were crucial notes in the margins of these drafts
which reveal the thinking and agendas of the
Clinton Administration relating to the mounting terrorist threat.
Washington Post, "Berger Quits as Advisor to Kerry", Susan Schmidt

---

Berger was not qualified as NSA.
He was a millionaire lawyer and lobbyist with a career centered on expanding trade with China.
Tom Laughlin, http://www.billyjack.com/jung/08_politics/articles/990515_spy.html

---

Former FBI Director Louis Freeh opined that
Burger “was a public-relations hack, interested in how something would play in the press” .
The New Yorker, per http://www.nationalreview.com/lowry/lowry200311030753.asp

---

Dick Morris noted Berger “seemed to work overtime
at opposing tough measures against terror”,
advising vetoes of legislation aimed at crippling Iranian terror funding
and working to block antiterror sanctions.
Wall Street Journal, "While Clinton Fiddled", Dick Morris, http://www.opinionjournal.com/forms/printThis.html?id=95001824

---

Berger repeatedly rebuffed Sudanese offers to hand Osama bin Laden
to the United States in a deal brokered by a $900,000 contributor to Democrat campaigns.
Source 1 - National Review, "Clinton & Khobar", Rich Lowry


Source 2 - Washington Times, "Miniter Responds", Richard Miniter

---

Berger allowed bin Laden and his top lieutenants to escape to Afghanistan.
NewsMax, "Aide: Clinton Unleashed bin Laden", Chuck Noe

---

Berger was singled-out by UN Inspector Scott Ritter for the collapse of UN inspections efforts in Iraq].
"Endgame: Solving the Iraq Problem - Once and for All" by Scott Ritter

---

Berger admitted that the Clinton Administration failed to develop a war plan to fight al Qaeda
National Review, "Warning B.S.", Rich Lowry

---

Berger was the "go-to" man regarding China policy
when Communist Chinese money was being funneled into Democrat Party coffers
in exchange for policy concessions, strategic nuclear technology,
and all pending patent applications at the US Patent Office.
The Hill, "Fundraiser resurfaces from 1996", Sam Dealey

---

Berger stonewalled the Energy Department about Chinese spying in Los Alamos for three years.

[tang-soo]

Berger has said this was an honest mistake. Bull crap! Here's why ...

This is a vanity article I posted last summer when this story first broke. I make the point through personal experince with classified data, that Berger's claims of an 'honest' mistake is an absolute lie.

As with the Clintonistas' Modus Operandi in the past, they count on the media not asking the difficult questions. Also, they count on those in the public with no personal experience or knowledge to know any difference when they lie. My goal with this article is to pose the difficult questions and to inform those without personal knowledge of how classified data is handled how the circumstances posed by Berger and his defenders is a lie.

I called our local Clear Channel station the night after this story broke and spoke for about 10 minutes describing the procedures used to handle classified information. The following is a basic description of what I said ...

1) A person who wishes to review classified information at a given facility must have his/her clearance on file with the security office that has legal custody of the information.

2) Once they arrive to the facility, they must show their credentials to identify themselves, sign into the facility - maybe issued a badge indicating their clearance and access and escorted to the room where the material will be reviewed.

3) A quick sidebar on program access and document marking. The term "Access" refers to the concept of "Need to Know". The fact you have a clearance that matches the level required to have access to the material does not establish your "need to know". It must be determined by someone like a program manager or security personnel that your job function requires access to certain information. If you are granted access, you may be required to go through another level of investigation. Some levels of access (at least the ones I was exposed to) are known as "Special Need to Know" or SNTK (pronounced Snick) and "Special Access Required" or SAR. Programs with these designations require special prominent markings on each page of a classified document along with the classification level. Believe it or not, after all the markings (top and bottom) there usually is enough room for the content of the page.

4) I should also mention that each paragraph of the document starts with a designation indicating the classification level of that paragraph. This would look like (U), (C), (S), (S/SAR), (S/SNTK), (TS) or (TS/SAR). Every page is marked top and bottom based upon the highest level of any paragraph on that page. ie. it's possible to have an unclassified page in a top secret document. And as you might think, the overall classification of the document is classified at the highest level of any single page.

5) This next point is especially important in light of the current investigation. Every page is marked "Page x of y Pages". For example page 13 of a 32 page document would be clearly marked in the banner section of the page "Page 13 of 32 Pages". This is done for obvious reasons - if any page is missing, it can be accounted for. The page count is also part of the document's registration in the security catalog.

6) Once in the room, the container (probably a safe i.e. a very heavy duty file cabinet with heavy combination locks with different combinations on each drawer) is opened. This process should be logged by security personnel.

7) The documents are taken from the container. All classified documents are stamped (each page) with items such as a control number, date of creation, level of clearance (top and bottom), program name indicating what access is required and eventual dispensation (i.e. when the material is designated to destruction if applicable).

8) If the documents are classified "top secret", each document has a log on the cover sheet. EACH time a person has access to this information, they must sign and date it.

9) The material is not to be removed (ie stuffed in underwear, socks ... etc) without approval of security personnel. If this takes place, the transfer is documented on both ends of the transaction. If the material is top secret or above, it requires at least two cleared people as an escort.

10) If you travel overnight, the material is not to be kept in your hotel/motel room but instead must be taken to an approved facility. Arrangements are usually made in advance. Security people do not like suprise visits. They like to make them but not receive them.

11) No photocopies are to be made or notes copied without the proper security personnel logging this activity and making appropriate markings (mentioned above) on the documents.

12) This material is frequently audited by internal security agents and is subject to "suprise" audits conducted by military, FBI or other external security personnel.

13) People given access to this type of information are briefed and attend classes on how to handle this material - ie. no excuses for "honest mistakes".

14) As the NSA for the Clinton administration, I imagine Berger was personally responsible that this protocol was designed, implemented and enforced by his staff - at least in an appropriately managed administration. This would apply to government employees, officials, military personnel and civilians under contract and extended clearances issued by the DoD, DoE or other intel operations.

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.

16) I left the aerospace business(as an engineer) in 1993 so these comments are based upon the security world of that time. Only Lord knows how the Clinton administration changed things during his 8 years.

That summarizes what I mentioned to Steve Cannon of WTVN 610 AM (Columbus, Oh) the night after the story broke.

I should have added another issue that may pertain to the current case. The concept of "Working papers". This would be scratch material that is never intended to end up in a document being prepared. For example, preliminary drafts, graphics with various scales, handdrawn sketches, ... etc. Usually, this kind of material is kept in a folder or envelope which is marked as a regular document would be. This folder falls under the same criteria as a regular document ie locking up when not being used ... etc. Usually, this material is collected on a regular basis when the work is finished and tossed into a "burn barrel". The burn barrel is emptied periodically by cleared personnel and either burned or processed through an approved shredder (ends up as dust).

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.

Webb Hubbell's infamous quote "I guess I'll have to roll over again for Hillary" comes to mind. Another example of the Clinton whirlwind leaving a trail of destruction in its wake.

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

[traumer]

Almost like an 'honest lawyer'.....

[Eva]

Speaking of Clinton, shouldn't he be up and around by now?

[COBOL2Java]

Ex-Clinton aide took secret files (Samuel Berger)

In other breaking news, the sun came up this morning...

[Spok]

If Berger was a Republican, this story would be headlines at the NYT for a month. Reporting bias of the MSM is infuriating.

[EagleUSA]

Speaking of Clinton, shouldn't he be up and around by now?
=====
Well, UP and AROUND have never been problems for Billy...but rumor has it he may not be telling all about his medical state...

[RedEyeJack]

I hope that this is not the end of the story... They had this guy by the cojones and could have made him tell the truth, whole truth and nothing but... or go away for a very long time... Now it looks like another "gentlemen's agreement" just like the scandal of the Clinton pardons. We care about truth and justice but somehow the Bush administration just keeps on "rolling over" for these guys. If GW wonders why his approval rating is in a death spiral he might look at who is making and approving decisions like this one (giving Burger a slap on the wrist) as the root cause.

[Beth528]

So much for justice.The penalty for a misdemeanor is one year in jail plus a $100,000 fine. Burger gets a $10,000 fine and loses his security clearance for 3 years.What a joke..

[Wristpin]

"Former national security adviser Samuel Berger has admitted taking copies of a classified memo to prepare for his testimony before the 9/11 Commission."

Notice they keep stressing "copies" to minimize the offense. Safeguarding the information is the reason for rules, It's doesn't matter if the information is written, verbal or electronic, it doesn't leave the secure area. Hand written notes made from top secret material the notes are Top Secret. Copies of a Top Secret document are Top Secret.

They are also spinning that he will surrender his security clearance. Clearances are rvoked for cause, not surrender.

The Republicans are such fraidy cats when it comes nailing the Dems. Letting him off with a misdemeanor is a slap in the face to anyone who has stood a two person integrity watch on SCI materials.

A counter spin would be:


"FORMER CLINTON OFFICIAL STEALS TOP SECRET DOCUMENTS REGARDING TERRORISM DURING A TIME OF WAR"

[ClearCase_guy]

Reporting bias of the MSM is infuriating.

Yup. As usual, the bias is in the silence just as much as in the pronouncements. This just a "non-issue" and there's no much worth saying about it. Just a high-level breach of security by a dishonest official of the executive branch. Yawn. Now, about Bush's record with the Air National Guard ...

[Dawgreg]

Anybody keeping a tab on how many idiots have taken the fall for the Clintoons? Berger will get a slap on the wrist and eventually (before the 2008 elections) will be able to go back and make another "honest mistake" that will somehow keep more dirt out of Shrills run for the White House. My Lord! When are people going to wake up and realize just how corrupt and dishonest those people really are???

[Cicero]

Either this is a wrist slap cover-up, or he has agreed to sing like a canary in exchange for light punishment.

Going by the previous success of the clintons in escaping justice, my guess is that it's a wrist slap and a cover-up.

[Bigh4u2]

The BBC is still pushing their liberal agenda by ignoring the recent news.

"Mr Berger believes he may have inadvertently discarded them."

Not according the Sandy himself.

http://www.nytimes.com/2005/04/01/politics/01berger.html?ex=1112936400&en=b1370b971165a3b2&ei=5065&partner=MYWAY


"When the issue surfaced last year, Mr. Berger insisted that he had removed the classified material inadvertently. But in the plea agreement reached with prosecutors, he is expected to ADMIT that he INTENTIONALLY removed copies of five classified documents, destroyed three"