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To: kcvl

I noticed in your post about Sandy Berger and the Justice Dept...the name "Hertling".

I think his name has come up this last week re: the US attorney's kerfuffle...

I can't remember in what context..but he might be one of the cogs in the system that is broken.


442 posted on 03/31/2007 9:05:20 PM PDT by Txsleuth
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To: Txsleuth

If nothing else, Hertling sounds incompetent.

***


"It appears that certain statements in the February 23 letter are contradicted by department documents included in our production," acting Assistant Attorney General Richard Hertling wrote. "We sincerely regret any inaccuracy."


Acting Assistant Attorney General Richard Hertling said that certain statements in last month's letter to Democratic lawmakers appeared to be "contradicted by department documents included in our production."

***


In a letter to House lawmakers last week, Acting Assistant Attorney General Richard A. Hertling did not address the issue of why the department told the commission so little. But Hertling wrote that in numerous interviews, “neither Mr. Berger nor any other witness provided the Department with evidence that Mr. Berger had taken any documents beyond the five.”

Hertling said the department “stands by its investigation” and believes the guilty plea it negotiated with Berger on April 1, 2005, “was the best one possible in light of the available evidence.” He also criticized the Archives staff for failing at the time to confront Berger, search him or contact security officials, saying this failure “had to be weighed against the evidence.”


In the Hertling letter, the department noted obstacles in its investigation. The FBI was not advised of the case until Oct. 15, 2003, almost two weeks after Smith concluded that Berger had stolen documents. By then, Archives General Counsel Gary Stern had called Berger and former Clinton lawyer Bruce Lindsey about it and obtained two documents from Berger, who surrendered them at home after first denying they were in his possession.

The letter also said that six months after beginning the probe and well after Berger testified to the commission, “the Department had not yet asked Mr. Berger any questions, as he had not yet agreed to an interview.” Berger’s lawyer, Lanny Breuer, said Berger first spoke to the FBI in March 2005 and was interviewed a second time in July of that year, after his April 1, 2005, guilty plea to unauthorized removal and retention of classified material.


454 posted on 03/31/2007 9:17:20 PM PDT by kcvl
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