Posted on 01/03/2007 11:48:07 PM PST by Jim Robinson
Investigation into pilfered documents reveals former president signed letter
President Bill Clinton signed a letter authorizing former National Security Adviser Sandy Berger's access to classified documents that later came up missing, according to a newly released investigation report by the National Archives and Records Administration.
The sensitive drafts of the National Security Council's "Millennium After Action Review" on the Clinton administration's handling of the al-Qaida terror threats in December 1999 suspiciously disappeared after Berger said he intended to "determine if Executive Privilege needed to be exerted prior to documents being provided to the 9/11 Commission." Then-Attorney General John Ashcroft testified before the 9-11 commission about the millennium report, urging the panel to ask why the document's warnings and "blueprint" to thwart al-Qaida's plans to target the U.S. were ignored by the Clinton administration and not shared with the incoming Bush security staff.
The NARA investigation report said Clinton signed an April 12, 2002, letter designating Berger – and another person whose named is redacted – as "agents on his behalf to review relevant NSC documents regarding Osama Bin Laden/Al Qaeda, Sudan and Presidential correspondence from or to (Sudanese President) Omar Bashir, contained in the Clinton Presidential records." A subsequent letter from a National Security Council official, May 14, 2002, said Berger repeatedly was briefed that "he was not allowed to remove any documentation from NARA."
Last year, Berger plea bargained a criminal sentence on the charge of unlawfully removing and retaining classified documents. A judge gave him no prison time, a $50,000 fine, 100 hours of community service and a ban from access to classified material for three years
According to the NARA report, after the 9-11 attacks, Clinton administration officials were swamped with calls regarding their handling of terrorist threats, and Berger soon realized he would have to testify. Berger said he put in over 100 unpaid hours of his time to be responsive.
The former White House adviser said the documents up for review were so numerous that he was unable to reconstruct them from memory, so he took 10-to-12 pages of notes and hid them in the pocket of his blazer.
The investigation report says, however, the May 14, 2002, letter stated "notes may be taken but must be retained by NARA staff and forwarded to the NSC for a classification review and appropriate marking. Berger, the letter said, "was made aware of this requirement."
In July 2003, Berger's handling of the papers began to "cause archival concerns in maintaining provenance" after he asked to leave the viewing office several times to hold very private phone calls. Later, in September, Berger once again stepped out of the office and headed for the men's room, but personnel reported an unknown white object beneath his pant leg.
A witness said Berger "bent down, fiddling with something white, which could have been papers, around his ankle."
After Berger's actions aroused suspicion in September 2003, an unnamed archives official hand-numbered drafts provided to Berger as a means of controlling the documents without consulting with NARA general counsel, security, management, the Office of the Inspector General or law enforcement.
In October, Berger returned to the archives office and was given one file folder of documents at a time. The NARA report indicates an e-mail numbered 217 came up missing after he reviewed it. Berger later said he slid the document under his portfolio.
When personnel noticed it was missing, they offered a copy of document 217 to Berger, and he reportedly slid the second file under his portfolio as well. Later, Berger said if he had been asked to return the file "it would have triggered a decision for him to give the documents back."
Instead, Berger said he had to make a private phone call and went to a desk outside the office. However, the phone line remained unlit, and he quickly departed to the restroom, a location from which he was reported to have recently returned.
Berger made numerous suspicious visits to the men's room in which personnel were concerned he might be hiding documents. He said he "went to the restroom on an average of every 30 minutes to one hour to use the facilities and stretch his legs."
According to the NARA report, Berger claimed he accidentally took the files outside of the archives building and didn't want to risk bringing documents back because personnel might notice something unusual. Instead, he took the files to a fenced construction area on Ninth Street, slid them under a trailer and returned to the office to finish his review. After doing so, he returned to the site, reclaimed the documents and took them to his office.
During the visit, Berger is reported to have hidden four documents in his pockets, all versions of the Millennium Alert After Action Review.
Archives officials decided to call Berger and ask him for the documents. He said he didn't think he had any files. They advised him NARA was treating the matter as a security infraction and was going to report the incident to the National Security Council. If Berger admitted to taking the documents by mistake, the incident would be reported as inadvertent removal. But, he maintained that staff members were in error, and he had given the files back to an assistant.
Later that evening, Berger claimed to have found two documents, and NARA made arrangements to pick up the files the following morning. However, NARA reports the documents were an e-mail and a facsimile Berger reviewed Sept. 2, 2003, not classified files viewed Oct. 2, 2003.
Berger said he could not find any additional documents and claimed he must have thrown them away. According to the NARA report, "He had destroyed, cut into small pieces, three of the four documents. These were put in the trash. By Saturday, the trash had been picked up. He tried to find the trash collector but had no luck."
The inspector general was briefed on the incidents Oct. 10. That day, OI investigators recovered documents from Berger's home at the request of his attorney. Six months later, the Department of Justice notified the 9/11 commission.
Berger said if someone had always been with him, he would not have taken any documents.
Despite his April 1, 2005, guilty plea for Unauthorized Removal and Retention of Classified Material, Berger still vehemently denies smuggling any documents in his socks. According to the report, he said he was adjusting them "because his shoes frequently come untied and his socks frequently fall down."
"Grate" post, Jim.
Now, EVERYONE DONATE DAMMIT --- It takes DONATIONS to keep FR running!!
Ditto that, Mo?
They obviously had hand-written notes jotted in the margins.
The question is what was so damning Berger was willing to take one for the team.
Clinton was not president in 2002. Why did they have to grant him access?
Harold Ickes is my second choice.
Because he had to designate him as the guy for access for the 911 Commission.
I don't think he's a lawyer, so I bet not.
We need FR up and running if we are ever going to counter these Libs ..
I'm all but certain he's a lawyer.
But....now that you asked that, that is a GOOD question.
Why would a man who no longer had control over those papers have to designate somebody to look at them.
What possible reason could there be to "redact" a name from this kind of investigation??
I remember reading that when the Director of the National Archives was informed that Berger was suspected of stealing classified documents, the very first person he called on the phone was.... Bruce Lindsey. And this report comes from the National Archives and Records Administration, which appears to be as corrupt as everything else in Dirty City.
Maybe how they didn't take terrorism seriously and were more concerned about being PC because of lawsuits
Or maybe it's something like Chinagate and they didn't want to target certain donors of Clinton?
Oh heck .. with the Clinton's .. it could be anything
--- He said he "went to the restroom on an average of every 30 minutes to one hour to use the facilities and stretch his legs." ---
Ah- using a variation on Al's "Ice Tea" excuse.
You're right!
Now that we know clinton's signed the authorization letter, we also know that he was sent on a specific mission: certain documents and papers HAD to be seized and destroyed.
Yeah, what could possibly make Berger risk a fine and a three-year suspension of his security clearance?
In December, Bush met with Clinton for a two-hour, one-on-one discussion of national security and foreign policy challenges. Clinton recalled saying to Bush, "I think you will find that by far your biggest threat is Bin Ladin and the al Qaeda." Clinton told us that he also said, "One of the great regrets of my presidency is that I didn't get him [Bin Ladin] for you, because I tried to."159 Bush told the Commission that he felt sure President Clinton had mentioned terrorism, but did not remember much being said about al Qaeda. Bush recalled that Clinton had emphasized other issues such as North Korea and the Israeli-Palestinian peace process.160
In early January, Clarke briefed Rice on terrorism. He gave similar presentations-describing al Qaeda as both an adaptable global network of jihadist organizations and a lethal core terrorist organization-to Vice President-elect Cheney, Hadley, and Secretary of State-designate Powell. One line in the briefing slides said that al Qaeda had sleeper cells in more than 40 countries, including the United States.161 Berger told us that he made a point of dropping in on Clarke's briefing of Rice to emphasize the importance of the issue. Later the same day, Berger met with Rice. He says that he told her the Bush administration would spend more time on terrorism in general and al Qaeda in particular than on anything else. Rice's recollection was that Berger told her she would be surprised at how much more time she was going to spend on terrorism than she expected, but that the bulk of their conversation dealt with the faltering Middle East peace process and North Korea. Clarke said that the new team, having been out of government for eight years, had a steep learning curve to understand al Qaeda and the new transnational terrorist threat.162
I could be wrong .. but I don't think just anyone can go in to see those documents
Though since they are from Clinton's term in office .. by him writing a letter gives Sandy and No Name (Bruce?) an excuse and cover
ping
Thanks. I was all but certain. I'm still thinking Lindsey, but Ickes masterminds dirty work too.
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