Posted on 03/31/2005 4:30:05 PM PST by neverdem
WASHINGTON, March 31 - Samuel R. Berger, the former national security adviser to President Bill Clinton, has agreed to plead guilty to a criminal misdemeanor charge and give up his security clearance for three years after removing classified material from a government archive, the Justice Department and associates of Mr. Berger said today.
A well-respected figure in foreign policy circles for many years, Mr. Berger has also agreed to pay a $10,000 fine as part of an agreement reached with the Justice Department in recent days after months of quiet negotiations, the associates said.
He is expected to enter his plea Friday afternoon in Federal District Court here, capping an embarrassing episode that reverberated in last year's presidential campaign.
Mr. Berger had been a senior policy adviser to Senator John F. Kerry's presidential bid - and initially was mentioned as a possible secretary of state if Mr. Kerry were to win. But he was forced to quit the campaign abruptly last July after accusations first surfaced that he had inappropriately removed classified material from a secure reading room at the National Archives, and the case became a political tempest.
The material involved a classified assessment of terrorist threats in 2000, which Mr. Berger was reviewing in his role as the Clinton administration's point person in providing material to the Sept. 11 commission. Officials with the archives and the Sept. 11 commission ultimately determined that despite the incident, the commission had access to all the material needed in its work.
When the issue first surfaced last year, Mr. Berger insisted that he had removed the classified material inadvertently.
But in the plea agreement reached with prosecutors, he is expected to admit that he intentionally removed copies of five classified documents, destroyed three of them, and misled staff members at the National Archives when confronted about it, according to an associate of Mr. Berger who is involved in his defense but who spoke on condition of anonymity because the plea has not yet been made formal in court.
The Justice Department, without discussing details of the plea agreement, acknowledged that Mr. Berger had agreed to plead guilty to a single misdemeanor count for the unauthorized removal and retention of classified documents.
Mr. Berger, 59, was unavailable for comment this evening. In a statement, his lawyer, Lanny Breuer, said Mr. Berger "has cooperated fully with the Department of Justice and is pleased that a resolution appears very near."
"He accepts complete responsibility for his actions, and regrets the mistakes he made during his review of documents at the National Archives," Mr. Breuer said, adding that Mr. Berger "looks forward to putting this episode behind him very soon and continuing his career of public and private service to this country."
It is unclear what long-term impact the case will have on Mr. Berger's once-flourishing career in government.
While the plea agreement requires Mr. Berger to give up his secret security clearance for three years, it also allows him to have his clearance reviewed and restored within that time if the government were to ask him to serve on a panel or in another position with access to sensitive material, associates said.
But some political analysts said the case against him - which Republican leaders seized on last year in accusing him of imperiling national security - may have made him unemployable in government in the short term. He is currently chairman of a global business strategy firm.
The criminal charge stems from Mr. Berger's removal of documents from the National Archives on two separate occasions during his review of material for the Sept. 11 commission.
On Sept. 2, 2003, during an hours-long review of documents, Mr. Berger took a copy of a lengthy White House "after action" report that he had commissioned to assess the government's performance in responding to the so-called "millennium" terrorist threat prior to the 2000 new year, and he placed the document in his suit pocket, the associate said. A month later, during another session at the archive, he removed four more copies of other versions of the report, the associate said.
Mr. Berger's intent in removing the documents, the associate said, was to be able to compare the different versions of the 2000 report side by side and trace changes.
"He was just too tired and wasn't able to focus enough, and he felt like he needed to look at the documents in his home or his office to line them up," the associate said. "He now admits that was a real mistake, which he regrets."
Mr. Berger admits compounding the mistake after removing the second set of documents on Oct, 2, 2003, the associate said. In comparing the versions of the report at his office later that day, he realized that several were essentially the same, and he cut three copies into small pieces with a scissors, the associate said. He also admitted improperly removing handwritten notes he took at the archives, the associate said.
Two days later, staff members at the National Archives - who had grown suspicious about Mr. Berger's possible removal of documents - confronted him, and he now admits to misleading the archive about what had happened. He indicated that the removal was inadvertent and, while he returned the two remaining copies of the report to the archive, he said nothing about the three copies he had destroyed, the associate said.
I would like that.
Slap on the wrist for another Clinton Criminal.
Justice be done. /sarc off
When I'm at the library, I always stuff documents down my pants. Doesn't everyone? Hey, stuff happens.
That would be a gag! Couldn't happen to a nicer guy not.
No, and more outlets are now reporting what I heard on MSNBC when this deal broke; that Berger is cooperating.
I'm relieved because for months when people would decry Berger "getting off" I would opine that they were pressuring him to cooperate.
We shall see.
If he's giving anyone up, it's at the direction of the Clintons. No way he's selling Bill or Hill up the river. They still own plenty of people at Justice, enough to use the Department to further their own political ends.
I'd say Hillary is starting to clear the field for herself in 2008.
After the three year period is up, he will be eligible to apply for another clearance, based on his need for access to documents etc. at that time. However, it doesn't necessarily mean that he will be granted a clearance after his "time" is up. And it probably means that his higher lever clearances are a thing of the past. Heck, he'll probably be lucky is they give him a conditional "Confidential".
Ex-Adviser to Clinton to Plead
Guilty to Taking Documents
(Sandy Berger)Excerpt:WASHINGTON, March 31 - Samuel R. Berger, the former national security adviser to President Bill Clinton, has agreed to plead guilty to a criminal misdemeanor charge and give up his security clearance for three years after removing classified material from a government archive, the Justice Department and associates of Mr. Berger said today.
A well-respected figure in foreign policy circles for many years, Mr. Berger has also agreed to pay a $10,000 fine as part of an agreement reached with the Justice Department in recent days after months of quiet negotiations, the associates said.
Please let me know if you want ON or OFF my General Interest ping list!. . .don't be shy.
Very interesting observation!
Could even be true!
How did he cut such a sweet deal???
He should be made to pay for the cost of the investigation since he's getting off with a misdemeanor.
No it isn't.
Code Word material can be Secret or TS level, but is not "Above TS."
There are code words only used when the material is TS.
A "Code Word" is assigned to designate a document or program etc is limited in access to a person holding the clearance for the level of the material, and the proper granted Access to that particular type of material.
Material of this type are known as "Special Compartmented Information," (SCI.)
There are many different SCI's. Access to an SCI type does not grant access to any other and each requires a separate briefing and signing of ones life away.
This is known as being "read on." Access to some SCI's will require you sign a nice little document with fun things like "Life time travel restrictions, and publication permissions."
Even having the proper clearance and SCI access isn't enough. The "Need to Know" which you mentioned still applies.
Bet this post set off the key word computers at No Such Agency.
Thanks for the ping!
Bump!
Bingo, give that man a cigar! The only rule being, Don't queer the deal.
I'll bet you dollars to donuts that there is no "give up". Sandy is just a member of the gang and isn't going to be worked over like you or I would.
Unfortunately, the dictionaries have started to cave and are recognizing the bastardization.
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