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April 1, 2005
'It Was Not Inadvertent'

Today's more detailed report on Sandy Berger's plea deal in the Washington Post underscores the intent of Berger to hide and destroy information that would either embarass or incriminate himself or Bill Clinton before the 9/11 Commission could gain access to it. Far from the "accidental" removal he insisted occurred, Berger now admits to intentionally removing and destroying classified material, a condition of his plea bargain:

The deal's terms make clear that Berger spoke falsely last summer in public claims that in 2003 he twice inadvertently walked off with copies of a classified document during visits to the National Archives, then later lost them.

He described the episode last summer as "an honest mistake." Yesterday, a Berger associate who declined to be identified by name but was speaking with Berger's permission said: "He recognizes what he did was wrong. . . . It was not inadvertent."

In return, the government will convict Berger of a misdemeanor, fine him $10,000, and merely suspend his national-security clearance for three years. The government apparently feels that Berger could possibly qualify for a renewed clearance after doing this:

Rather than misplacing or unintentionally throwing away three of the five copies he took from the archives, as the former national security adviser earlier maintained, he shredded them with a pair of scissors late one evening at the downtown offices of his international consulting business.

He should face obstruction of justice and contempt of Congress just for this action alone, both felonies. The Post, meanwhile, insists on calling these "copies". They were not exact copies; each memo started off as a copy of an original draft by Richard Clarke, but the memos had handwritten notes from each recipient as comments, requests for revision, and suggestions for possible action. Each document was unique, and their destruction by Mr. Scissors means that we will never know what some did with Clarke's information. All we know is that it must have reflected badly on Berger, Clinton, or both. Otherwise, why would Berger destroy them?

This is a travesty. If a lower-level cleared worker had done a fraction of what Berger did in this case, he would face years in prison. Berger gets off with a fine that any of his well-connected friends will wind up underwriting, a gracious gesture of gratitude for pulling their chestnuts out of the fire.

UPDATE: Bill at INDC Journal makes this compelling point:

So, let me get this straight: Sandy Berger intentionally destroyed the only copies of top secret documents about this country's knowledge of looming terrorism threats for clearly political purposes, even though a bipartisan Congressional commission was requesting and utilizing all such documents in an effort to make recommendations about how to protect America from another terrorist attack.

In my world, that's not a "$10,000 fine ... three-year suspension of his national security clearance" offense, it's approaching treason. Former NSA or not, this man should suffer a permanent revocation of any security clearance, and probably sample the cuisine at a federal prison.

That sums it up nicely, I think.

Sphere It Digg! View blog reactions
Posted by Ed Morrissey at April 1, 2005 7:06 AM

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» Death...and the Left. from Expertise's Politics and Sports Blog
I was going to add this as an update to my previous Berger post, but this was too important to go unseen on my front page. The Washington Post has the inside scoop of Sandy Berger's criminal act. As part of the plea bargain, Sandy Berger admitted t... [Read More]

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