Thanks for posting this:
As a lawyer, Berger knows what this means. However, as former member of the Clintoon inner circle, he still thought that there was no controlling legal authority!
As a former (repeat) White House employee, Gergen and Berger both would be familiar with "Executive Order 12958, As Amended, Classified National Security Information"
So Gergen in particular would know that what he's saying above is simply not true.
Presumably Berger would have been briefed by the National Archives on his access rights and responsibilities, and would have signed some kind of authorization document.
PART 4--SAFEGUARDING
Sec. 4.1. General Restrictions on Access. (a) A person may have access to classified information provided that:
(1) a favorable determination of eligibility for access has been made by an agency head or the agency heads designee;
(2) the person has signed an approved nondisclosure agreement; and
(3) the person has a need-to-know the information.
(b) Every person who has met the standards for access to classified information in paragraph (a) of this section shall receive contemporaneous training on the proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure.
[snip]
(d) Classified information may not be removed from official premises without proper authorization.
Sec. 4.4. Access by Historical Researchers and Certain Former Government Personnel. (a) The requirement in section 4.1(a)(3) of this order that access to classified information may be granted only to individuals who have a need-to-know the information may be waived for persons who:
(1) are engaged in historical research projects;
(2) previously have occupied policy-making positions to which they were appointed by the President under section 105(a)(2)(A) of title 3, United States Code, or the Vice President under 106(a)(1)(A) of title 3, United States Code;
As a lawyer, he also knows that pleading "forgetfulness" is not a defense in this matter. Mere negligence in the handling of classified materials is also a prosecutable offense.
But it very much looks like he was trying to sanitize the files.
As they watched him doing this, the National Archives staffers must have thought he was completely nuts.