According to Wiki - "Berger eventually pled guilty to a misdemeanor charge of unauthorized removal and retention of classified material on April 1, 2005."
The sentencing judge raised the fine to $50K, added 2 years of probabtion, 100 hours of community service (tho' I bet that wasn't picking up roadside trash)and the 3-year clearance loss was left in place.
So my point remains. Unless something else is found (no pun - a new legal infraction), Berger has walked.
Sounds like he got off with a hand slapping. If a Republican had done the same it would have been hysteria media reruns about justice blah blah blah.
Lets make sure this guy never has another government appointment.
Unfortunately, I think you're correct.
In a perfect world, Burglar would be doing some hefty time in the joint right about now.