The National Archives building in Washington, DCOn July 19, 2004, it was revealed that the U.S. Justice Department was investigating Berger for unauthorized removal of classified documents in October 2003 from a National Archives reading room prior to testifying before the 9/11 Commission, by stuffing them down his pants. The documents were five classified copies of a single report commissioned from Richard Clarke, covering internal assessments of the Clinton administration's handling of the unsuccessful 2000 millennium attack plots. An associate of Berger said Berger took one copy in September 2003 and four copies in October 2003.[14]
After a long investigation, Justice Department prosecutors determined that Berger only removed classified copies of data stored on hard drives stored in the National Archives, and that no original material was destroyed.[15] Berger eventually pleaded guilty to a misdemeanor charge of unauthorized removal and retention of classified material on April 1, 2005. Berger was fined $50,000 [16], sentenced to serve two years of probation and 100 hours of community service, and stripped of his security clearance for 3 years.[17] The Justice Department initially said Berger stole only copies of classified documents and not originals. But the House Government Reform Committee later revealed that an unsupervised Berger had been given access to classified files of original, uncopied, uninventoried documents on terrorism. Several Archives officials acknowledged that Berger could have stolen any number of items and they “would never know what, if any, original documents were missing.” [18]
On December 20, 2006, Inspector General Paul Brachfeld reported that Berger took a break to go outside without an escort. "In total, during this visit, he removed four documents ... Mr. Berger said he placed the documents under a trailer in an accessible construction area outside Archives 1 (the main Archives building)." Berger acknowledged that he later retrieved the documents from the construction area and returned with them to his office.[19][20]
On May 17, 2007, Berger relinquished his license to practice law as a result of the Justice Department investigation. Saying, "I have decided to voluntarily relinquish my license." He added that, "While I derived great satisfaction from years of practicing law, I have not done so for 15 years and do not envision returning to the profession. I am very sorry for what I did, and I deeply apologize." By giving up his license, Berger avoided cross-examinination by the Bar Counsel regarding details of his thefts.[21]
The National Archives building in Washington, DCOn July 19, 2004, it was revealed that the U.S. Justice Department was investigating Berger for unauthorized removal of classified documents in October 2003 from a National Archives reading room prior to testifying before the 9/11 Commission, by stuffing them down his pants. The documents were five classified copies of a single report commissioned from Richard Clarke, covering internal assessments of the Clinton administration's handling of the unsuccessful 2000 millennium attack plots. An associate of Berger said Berger took one copy in September 2003 and four copies in October 2003.[14]
After a long investigation, Justice Department prosecutors determined that Berger only removed classified copies of data stored on hard drives stored in the National Archives, and that no original material was destroyed.[15] Berger eventually pleaded guilty to a misdemeanor charge of unauthorized removal and retention of classified material on April 1, 2005. Berger was fined $50,000 [16], sentenced to serve two years of probation and 100 hours of community service, and stripped of his security clearance for 3 years.[17] The Justice Department initially said Berger stole only copies of classified documents and not originals. But the House Government Reform Committee later revealed that an unsupervised Berger had been given access to classified files of original, uncopied, uninventoried documents on terrorism. Several Archives officials acknowledged that Berger could have stolen any number of items and they “would never know what, if any, original documents were missing.” [18]
On December 20, 2006, Inspector General Paul Brachfeld reported that Berger took a break to go outside without an escort. "In total, during this visit, he removed four documents ... Mr. Berger said he placed the documents under a trailer in an accessible construction area outside Archives 1 (the main Archives building)." Berger acknowledged that he later retrieved the documents from the construction area and returned with them to his office.[19][20]
On May 17, 2007, Berger relinquished his license to practice law as a result of the Justice Department investigation. Saying, "I have decided to voluntarily relinquish my license." He added that, "While I derived great satisfaction from years of practicing law, I have not done so for 15 years and do not envision returning to the profession. I am very sorry for what I did, and I deeply apologize." By giving up his license, Berger avoided cross-examinination by the Bar Counsel regarding details of his thefts.[21]
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