I will repeat again. The investigation into Sandy Berger's action are ongoing. My guess is, since he was a senior advisor to the Kerry campaign, that no action will be taken until well after the election. But that doesn't mean he's going to get off.
I think the feds should announce the indictment of sandy burgler on election eve, don't you? Let's tear a page right out of the evil demdimwit playbook. ;)