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Expected Bush appellate nominee at center of Berger document heist
World Net Daily ^ | January 13, 2007 | Jay Baggett

Posted on 01/14/2007 7:55:37 AM PST by kellynla

President Bush is reportedly expected to nominate longtime prosecutor Noel Hillman to the 3rd U.S. Circuit Court of Appeals less than a week after a congressional report criticized the then-justice Department official for "incomplete and misleading" assurances to the court during Sandy Berger's 2005 plea bargain for taking classified documents.

Noel Hillman

Hillman, a newly appointed federal judge in New Jersey, most recently served as lead Justice Department prosecutor against Jack Abramoff in the Capitol Hill lobbying scandal. During his tenure with Justice, Hillman oversaw the investigation of Hillary Clinton's 2000 campaign finances, indicting and prosecuting her finance director, David Rosen, for filing false reports. Rosen was acquitted in 2005.

WND has reported on the civil action against Clinton related to those charges.

Hillman also served as former chief of the Justice Department's Public Integrity Section during the prosecution of Berger, President Clinton's former national security advisor, for removing classified documents from the National Archive.

WND has reported that Clinton signed the letter authorizing Berger's access to the classified documents that later came up missing.

Berger pleaded guilty in April 2005 to one misdemeanor count of removing a classified document and was given two years probation, 100 hours of community service, a $50,000 fine and revocation of his security clearance for three years.

In accepting the plea, Hillman assured the court that Berger did not have an intent to hide any of the documents or conceal facts from the 9/11 Commission and that "nothing was lost to the public or the process."

But a report on the investigation into Berger's removal of documents, issued this week by the House Committee on Oversight and Government Reform, identifies multiple occasions when Berger had access to original copies of classified documents for which there were no other copies or which had never been inventoried.

The report singled out Hillman for his "incomplete and misleading" assurances that the Justice Department had accounted for all documents Berger had handled and that all materials had been forwarded to the 9/11 Commission investigating the attacks of Sept. 11, 2001.

The report states:

There is no basis for concluding Berger did not remove original documents responsive to 9/11 Commission requests during the May 30, 2002 and July 18, 2003 visits to the National Archives. Nevertheless, the Justice Department's representations to the 9/11 Commission left the impression that Berger's document theft was limited to what he admitted taking.

The public statements of the former chief of the Justice Department's Public Integrity Section, Noel Hillman, were incomplete and misleading. Because Berger had access to original documents on May 30, 2002 and July 18, 2003, there is no basis for his statement that "nothing was lost to the public or the process."

The 9/11 Commission relied on assurances from the Department of Justice that a full and complete production was made, and that no original or any other responsive documents were withheld. No one told the 9/11 Commission that Berger had access to original documents. The 9/11 Commission was specifically interested in the office files of White House terrorism advisor Richard Clarke, and never was told that Berger had access to Clarke's original office files on May 30, 2002 and July 18, 2003.

Berger's actions "compromised national security much more than originally disclosed," Rep. Tom Davis of Virginia, ranking Republican member of the committee that produced the report, said.

"It is now also clear that Mr. Berger was willing to go to extraordinary lengths to compromise national security, apparently for his own convenience," Davis said.

Sources have told the Newark Star-Ledger that Bush is committed to the nomination of Hillman to fill the slot vacated last year by U.S. Supreme Court Justice Samuel A. Alito Jr.

"It's pretty close. It's what the White House wants to do." one knowledgeable source who asked not to be identified told the paper.

Hillman enjoyed the backing of New Jersey Democratic Sens. Robert Menendez and Frank Lautenberg for his recent appointment to the federal bench and would need it again for the appointment to the appeals court.

The White House reportedly declined to select an ideologically conservative nominee. Senate rules allow Lautenberg and Menendez to block consideration of a New Jersey judicial nominee they oppose.


TOPICS: Crime/Corruption; Government
KEYWORDS: berger; burglar; noelhillman
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1 posted on 01/14/2007 7:55:39 AM PST by kellynla
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What are your thoughts on Bush picking a judicial nominee who misled the court on Sandy Berger?

Vote here:
http://worldnetdaily.com/polls/


2 posted on 01/14/2007 7:57:51 AM PST by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kellynla

No doubt truly appointed by Hillary and Schumer.


3 posted on 01/14/2007 8:01:24 AM PST by Brilliant
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To: kellynla

The Republican party's Jimmy Carter still working to destroy the conservative movement.


4 posted on 01/14/2007 8:02:03 AM PST by em2vn
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To: kellynla
For some reason the article title was amended/shortened.

Here's the full title: Expected Bush appellate nominee at center of Berger document heist

5 posted on 01/14/2007 8:02:56 AM PST by Mr. Mojo
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To: Mr. Mojo

Ah, it's back up there now....


6 posted on 01/14/2007 8:04:50 AM PST by Mr. Mojo
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To: kellynla

Sandy Berger should have faced a firing squad, and anybody who enabled him in any way should have faced an electric chair. And that's all I'm gonna say about it.


7 posted on 01/14/2007 8:10:12 AM PST by D-Chivas
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Comment #8 Removed by Moderator

To: mtbopfuyn

I think your angst should be aimed at Bush!


9 posted on 01/14/2007 8:17:08 AM PST by stockpirate (John Kerry & FBI files ==> http://www.freerepublic.com/~stockpirate/)
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To: em2vn
"The Republican party's Jimmy Carter still working to destroy the conservative movement."

Did it move? Cuz that's the sign. Or was it just a shift?


10 posted on 01/14/2007 8:17:34 AM PST by I see my hands (_8(|)
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To: kellynla
Sounds like this guy should go down in flames. But he won't. He's just the kind of wimpy judge the Donks love.

Shame on President Bush!
11 posted on 01/14/2007 8:21:36 AM PST by upchuck (The American coup de grĂ¢ce is well on its way. Thus far, the Donks haven't had to fire a shot.)
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To: stockpirate

How interesting. I never said anything aimed at you or anyone and have no idea why my post was removed.


12 posted on 01/14/2007 8:22:53 AM PST by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: kellynla

Not just Berger,the article also states he apparently let Hillary Clinton's finance admin. David Rosen off on acquittal also. Seems he was most successful at nailing Jack Abramoff who"s case, correct me if I'm wrong, did a lot more harm to the Republican party then it did Democraps !!!


13 posted on 01/14/2007 8:24:24 AM PST by Obie Wan
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To: kellynla

With Bush's first attempts at SC appoinments, the Mexican SS sellout, the added SS benefits for prescription plan in the billions of dollars, his lack of concern about illigal aliens, other issues, and now this.

I think and rightfully so that maybe Bush is a RINO or even worse.

He is starting to appear as a Socialist to me!


14 posted on 01/14/2007 8:26:52 AM PST by stockpirate (John Kerry & FBI files ==> http://www.freerepublic.com/~stockpirate/)
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To: kellynla
Ah ha! A Rovian masterpiece! Nominate the judge in order to give the pubbies the opportunity to retry the Sandy Burglar incident during the confirmation hearing! Stupendous! Tremendous! -
er, whatwasthatyousaid? not a single backbone among them? - not ONE Republican Senator would have the stones to ask a few probing questions about the slap on the wrist given to Burglar?
- never mind.
15 posted on 01/14/2007 8:27:14 AM PST by NonValueAdded (Pelosi, the call was for Comity, not Comedy. But thanks for the laughs. StarKisses, NVA.)
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To: mtbopfuyn

I have no idea why it was removed myself. It was fairly factual and if you read some of my recent posts, I think Bush is a Socialist oplain and simple, and those he is/has appointed or tried to appoint are no doubt cut from the same cloth.


16 posted on 01/14/2007 8:28:45 AM PST by stockpirate (John Kerry & FBI files ==> http://www.freerepublic.com/~stockpirate/)
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To: kellynla
comments@whitehouse.gov.
17 posted on 01/14/2007 8:33:06 AM PST by Doctor Raoul ("BOAT PEOPLE" - The result of the last time the Democrats stabbed our allies in the back.)
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To: NonValueAdded
"... not a single backbone among them? - not ONE Republican Senator would have the stones to ask a few probing questions about the slap on the wrist given to Burglar?"

Oh, that's not true!

To begin with, there's that Senator from... uh, well, there's always Senator F... or Senator... uh, Senator...

Oh, forget it.

18 posted on 01/14/2007 8:53:14 AM PST by Redbob
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To: kellynla
Something stinks. A stink that pervades and extends beyond either party or administration
. I hate tin-foil hats and 'conspiracy nuts regardless of ideology, but something about both Berger's actions *AND* the slap on the wrist/relative silence in response make me suspect something more foul and complex than merely a Clinton administration flunkie spiriting out some papers.
19 posted on 01/14/2007 8:56:54 AM PST by RedStateRocker (Nuke Mecca, Deport all illegals, abolish the IRS, ATF and DEA)
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To: kellynla

Each of the possible choices WND has given us in the poll place no responsibility whatsoever with the President, and instead blame others for this poor choice.

Berger's crime was grave, and he should have been punished big time. And why the President would reward a prosecutor for botching up such a case is beyond belief!


20 posted on 01/14/2007 8:59:40 AM PST by Joann37
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