Berger Pleads Guilty To Taking Materials

AP via ABC News ^ | April 1, 2005 | Mark Sherman

[cyncooper]

WASHINGTON Apr 1, 2005 — Former national security adviser Sandy Berger, who once had unfettered access to the government's most sensitive secrets, pleaded guilty Friday to sneaking classified documents out of the National Archives, then using scissors to cut up some of them.

Rather than the "honest mistake" he described last summer, Berger acknowledged to U.S. Magistrate Deborah Robinson that he intentionally took and deliberately destroyed three copies of the same document dealing with terror threats during the 2000 millennium celebration. He then lied about it to Archives staff when they told him documents were missing.

"Guilty, your honor," Berger responded Friday when asked how he pleaded.

Robinson did not ask Berger why he cut up the materials and threw them away at the Washington office of his Stonebridge International consulting firm. Berger, accompanied by his wife, Susan, did not offer an explanation when he addressed reporters outside the federal courthouse following the hearing.

"It was a mistake and it was wrong," he said, refusing to answer questions.

Noel Hillman, chief of the Justice Department's public integrity section, would not discuss Berger's motivation, but said the former national security adviser understood the rules governing the handling of classified materials. Berger only had copies of documents; all of the originals remain in the government's possession, Hillman said.

The charge of unauthorized removal and retention of classified material is a misdemeanor that carries a maximum sentence of a year in prison and up to a $100,000 fine.

However, under a plea agreement that still must be approved by Robinson, Berger would serve no jail time but pay a $10,000 fine, surrender his security clearance for three years and cooperate with investigators. Security clearance allows access to classified government materials.

Sentencing was set for July 8.

The court appearance was the culmination of a bizarre episode in which Berger, who once had access to the government's most sensitive intelligence, was accused of sneaking documents out of the Archives, which houses the Constitution, the Declaration of Independence and other cherished and top-secret documents.

The Bush administration disclosed the investigation in July, just days before the Sept. 11 commission issued its final report. Democrats claimed the White House was using Berger to deflect attention from the harsh findings, with their potential for damaging President Bush's re-election prospects.

After news of the probe surfaced, Berger acknowledged he left the National Archives on two occasions in 2003 with copies of documents about the government's anti-terror efforts and notes that he took on those documents.

He said he was reviewing the materials to help determine which Clinton administration documents to provide to the commission investigating the Sept. 11 attacks. He called the episode "an honest mistake" and denied criminal wrongdoing.

Berger and his lawyer, Lanny Breuer, have said that Berger knowingly removed the handwritten notes by placing them in his jacket and pants and inadvertently took copies of actual classified documents in a leather portfolio.

He returned two copies of a sensitive after-action report on the Clinton administration's handling of al-Qaida terror threats during the December 1999 millennium celebration.

The Associated Press first reported in July that the Justice Department was investigating Berger. The disclosure prompted Berger to step down as an adviser to the campaign of Democratic presidential candidate John Kerry.

Clinton was among the Democrats who questioned the timing of the disclosure of the Berger probe three days before the release of the Sept. 11 report. Leaders of the Sept. 11 commission said they were able to get every key document needed to complete their report.

[Southack]

"If anybody else so much as walked out with a paperclip, they'd do 20 years. I'm mad as hell about this."

As well you should be. However, don't let it get the best of you.

If a foreign government is involved, then this may be an American counter-intel operation. Under that scenario, the hasher Berger is punished for his theft and destruction, the more valuable it makes the intelligence involved appear to be (so conversely, giving Berger an ultra-light sentence would tell a foreign government that Berger didn't get anything of value).

The intel world works backwards, remember, and all is not as it appears.

[Trochilus]

"One more thing, why should he ever get a security clearance again?"

He may never get his security clearance back again. As I understood the stories, this is not guaranteed; it is just the first opportunity he will have to request getting the clearance back.

If Berger asked for that as a part of the negotiation, his motivation would be pretty obvious . . . he would want to get the clearance back in time to be a National Security "player" in the presidential campaign of Hillary in 2008. However, if the three years was proposed by the prosecution side, a cynic would see it the same way, with the following proviso. He could be firmly turned downed for reinstatement in July of '08, and the news of that rejection could be leaked, which would put Hillary on the defensive for wanting to involve a convicted criminal and security risk in her administration.

Realistically, I don't think Sandy Berger has a snowball's chance in hell of ever legally eyeballing classified documents ever again, and that suits me just fine. What we are seeing from the sidelines is a game the prosecutors are playing to get as much cooperation out of him as they can get. They know Sandy Berger did this to cover Bill Clinton's tail. Those notes had significance.

[mrsmith]

"what Berger did was cut out the damaging notes in the margins; later he decided not to return those 3 versions at all. "

Very enlightening.
But it means that he did originally intend to replace the documents after altering them (or what would be the point of altering them?).

Hopefully he was prevented in his scheme not by it's discovery, but abandoned it because security measures prevented it from working. But then, however, he should have known about those measures and never attempted the substitutions in the first place.

[The Drowning Witch]

I thought Sen Mitch McConnell had the best line on this whole affair:

""He had PDB's in his BVD's, and classified docs in his socks." "

[TalBlack]

...And Berger risked jail and his career to prevent the 9/11 commission from putting that connection into its book."

Obvious as all get out, but Berger won't swing for what he did and no bigger fish will ever be revealed much less fall for a conspiracy rap.

Call me cynical.

[Southack]

"Obvious as all get out, but Berger won't swing for what he did and no bigger fish will ever be revealed much less fall for a conspiracy rap."

If the "bigger fish" turns out to be a foreign government, then we should *never* hear another legitimate word about this matter.

Because the intel world works differently than everything else.

[ViLaLuz]

Why is this crime only a misdemeanor? Common sense dictates a felony, at least.

[Peach]

That could be Shermy. This case has me puzzled, that's for sure. It was a heck of a risk to take but he gambled and I'd say he's won. No jail.

[Montfort]

"Back in his office, he studied them in detail, realized they were largely identical, and took the scissors to three of the copies, the associate said....""

LARGELY IDENTICAL???!!!!!

They were not merely copies, but were varying drafts. Obviously, there were embarassing truths that made it into certain drafts that were taken out in later drafts, and Socks did not want those embarrassing points to to be seen by others who saw these super-secret docs, or did not want others to see what was eventually removed in later drafts.

[Half Vast Conspiracy]

However, under a plea agreement that still must be approved by Robinson, Berger would serve no jail time but pay a $10,000 fine, surrender his security clearance for three years and cooperate with investigators. Security clearance allows access to classified government materials.

If I did this I'd be Court Martialed, reduced to E-1, get years of confinement and lose my retirement.

[perfect stranger]

surrender his security clearance for three years

Why would he still have any clearance? What would be the idea behind giving it back to him after 3 years?

[RJL]

What would be the idea behind giving it back to him after 3 years?

A little over 3 years will be the first possible opportunity to have a Democrat President. There isn't a chance Sam will need a top secret clearance until then.

It's a pointless, painless punishment for Sam that some will foolishly think is a real punishment.

[rocksblues]

One can hope that he at least gets as much Prison time as Martha!

[perfect stranger]

You miss my point. Why does he need it in the first place?

Jeez, I hope Jimmy Carter, Ramsey Clarke and Bill Clinton don't still have their clearances. WTH

[RJL]

You miss my point. Why does he need it in the first place?

Right you are, Sandy's clearnce should have been yanked long ago.

[cyncooper]

Just thought of you and while I'm pretty sure you're aware of the actual plea being entered, a ping just in case you missed it.

[TalBlack]

"If the "bigger fish" turns out to be a foreign government,"

I haven't followed this story to any great depth but how on earth does a foreign gov't fit in? Any suspects?