I didn't see any of those "not investigating" criticisms... I was pretty sure that it was being investigated, after all, one couldn't expect regular press conferences giving details of a sensitive national security issue.
reasonable people knew there was an ongoing investigation, but I saw a lot of restless comments that Berger got away with it since he wasn't in court months ago.
I'm as perplexed as anyone over this. Nothing would please me more than to see many more Clintonistas prosecuted and jailed. This was so blatantly overt and stupid, Berger shoulda got 5 years just for being an idiot.