Ex-National Security Adviser to Plead Guilty to Taking Classified Material
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Thursday, March 31, 2005WASHINGTON — Former national security adviser Sandy Berger (search) will plead guilty to taking classified documents from the National Archives, the Justice Department said Thursday.
Berger, who served in the Clinton administration, will enter the plea Friday in U.S. District Court in Washington, said Justice spokesman Bryan Sierra.
The plea agreement, if accepted by a judge, ends a bizarre episode in which the man who once had access to the government's most sensitive intelligence was accused of sneaking documents out of the Archives in his clothing.
The Bush administration disclosed the investigation days before the Sept. 11 commission (search) issued its final report. Democrats claimed the White House was using Berger to deflect attention from the harsh report, with its potential for damaging Bush's re-election prospects.
Berger previously acknowledged he removed from the National Archives (search) 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 independent commission investigating the Sept. 11, 2001, terror attacks. He called the episode "an honest mistake," and denied criminal wrongdoing.
Berger and his lawyer, Lanny Breuer, have said Berger knowingly removed the handwritten notes by placing them in his jacket and pants and he inadvertently took copies of actual classified documents in a leather portfolio.
He returned most of the documents, but still missing are some drafts of a sensitive after-action report on the Clinton administration's handling of Al Qaeda terror threats during the December 1999 millennium celebration.
"Mr. Berger has cooperated fully with the Department of Justice and is pleased that a resolution appears very near," Breuer said Thursday.
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, a federal law enforcement official said a plea agreement calls for Berger to serve no jail time but to pay a $10,000 fine, surrender his security clearance for three years and cooperate with investigators. The official spoke on condition of anonymity because of the pending court proceeding. A judge must approve the agreement.
Security clearance allows access to classified government materials.
The Associated Press first reported in July that the Justice Department was investigating Berger for incidents at the Archives the previous fall. The disclosure prompted Berger to step down as an adviser to the campaign of Democratic presidential candidate John Kerry.
Former President Clinton was among Democrats who questioned the timing of the disclosure of the Berger probe, three days before the release of the final Sept. 11 commission report. The commission, writing just three months before the 2004 presidential election, detailed failures of both the Clinton and Bush administrations.
Leaders of the Sept. 11 commission said they were able to get every key document needed to complete their report.
© Associated Press
Copyright © 2005 ComStock, Inc.
Copyright 2005 FOX News Network, LLC
Reply 1 - Posted by: felina g, 3/31/2005 6:35:38 PM
"An honest mistake"? Haaaaaaaaa.....yup.....they just flew into his underwear !
Reply 2 - Posted by: votedforbush, 3/31/2005 6:39:23 PM
A misdemeanor?
Reply 3 - Posted by: flowerladytoo, 3/31/2005 6:41:24 PM
Geesh it's been a lousy news day. This is just the icing on the cake....this thief is charged with just a misdemeanor, for a crime the rest of us would have spent years in prison for. What is wrong with this picture??????? GRRRRRRR
Reply 4 - Posted by: pomom, 3/31/2005 6:42:57 PM
Well now, how will this be spun?
Reply 5 - Posted by: Sardonic, 3/31/2005 6:45:36 PM
I wonder if part of the deal includes the fact that he doesn't have to divulge what the true intent of his theft was?
Reply 6 - Posted by: TexasRose, 3/31/2005 6:54:01 PM
Well, finally! I thought he had climbed (back) under a rock to hide and the judges were looking the other way.
Reply 7 - Posted by: putupjob, 3/31/2005 6:54:23 PM
Wow! Those were highly classified documents. I'm sure many on this site have signed for classified documents. The warnings on those documents just for NEGLIGLENT handling have felony charges associated with them.
Amazing he copped the no penalty option.
Reply 8 - Posted by: Daria, 3/31/2005 6:57:34 PM
If he were a Republican, he'd be going to jail...
Reply 9 - Posted by: RenoLuperini, 3/31/2005 6:58:47 PM
I think J'ustice' should forgo the mistaweiner and go for the felony. After all, he DID have the documents in his shorts.
Reply 10 - Posted by: danu, 3/31/2005 7:00:03 PM
*Well now, how will this be spun*
emmm...he was protecting the constitution... from a vast right wing conspiracy...
he did not have sox w/ those classified materials...he was shocked and disappointed and clutching his chest, gasping for air...doesn't rise to the level of felony treachery....[dodges ashtray and lamp]...
time to moveon....
Reply 11 - Posted by: lg richard, 3/31/2005 7:00:11 PM
We realy need to get rid of these liberal judges. How can we start a recall?
Reply 12 - Posted by: Bill, 3/31/2005 7:01:09 PM
If this were one of us Ldotters it would be life in prison for treason.
Another klintoonista escapes the "justice" system while the defenseless (Terri) are killed by it. It's time folks we take our country back, back from the black robes, the corrupt and ineffective politicos and the ILLEGALS
Reply 13 - Posted by: Aussiegirl, 3/31/2005 7:06:54 PM
Looks like a Republican appointed Justice Department is playing footsie with the Clintons to keep some embarrassing facts out of the public eye.
Reply 14 - Posted by: RedState, 3/31/2005 7:08:51 PM
Reports from MSNBC are that Berger is "cooperating".
Hmmmm....could it be Berger copped a plea and someone bigger is in the sights of the Justice Department and Grand Jury??
I'm going to dare to hope.
Reply 15 - Posted by: cap MarineTet68, 3/31/2005 7:08:59 PM
UN-Freakin-believable!
Reply 16 - Posted by: bighambone, 3/31/2005 7:10:24 PM
They call this resolution a little slap on the wrist. If this had been some common country bumkin he would have headed directly to jail.
Reply 17 - Posted by: ragu, 3/31/2005 7:12:59 PM
Pathetic!
Reply 18 - Posted by: master sergeant, 3/31/2005 7:15:34 PM
Berger must do jail time for this theft of classified material. If the Justice Department gives Berger a softy, then I'll know Bush is playing footsies with the Clinton gang! Where are the missing documents? Someone has those or they have been destroyed. This is a BIG FELONY!! Again, this Republican Administration had better get tough with these corrupt democRats or they'll not get any more money from me.
Reply 19 - Posted by: Photoonist, 3/31/2005 7:15:39 PM
Yeah his socks just sucked up documents as some kind of revenge scheme for their brethren that disappeared in the clothes dryer. I smell a plea bargain agreement where he gets off with a tiny fine and probation which smells as bad as... Sandy Berger's socks. If Martha Stewart could get time surely he deserves some lock-up himself.
Reply 20 - Posted by: Lancelot Link, 3/31/2005 7:19:14 PM
"He returned most of the documents, but some still are missing."
Soooo.... where are those other documents? Which ones are still missing? I'm sure the media will be right on top of this, demanding answers.
Reply 21 - Posted by: plaid, 3/31/2005 7:27:55 PM
So if I walk into the National Archives and steal a pair of pants full of classified documents, I'LL only be charged with a MISDEMEANOR? ROTFL!!!
I love this country!!!
Reply 22 - Posted by: Dolley Madison, 3/31/2005 7:31:19 PM
The wheels of justice grind slowly; always knew that this was on the way! Old Sandy got caught with his... well, everyone knows the rest.
This is the ap report; don't believe it. I'm waiting for a truthful and un-propagandized report.
Reply 23 - Posted by: Lydwho, 3/31/2005 7:45:52 PM
He pleads guilty so he won't have to go before a court under oath and tell who mastermined this theft.
(Can I say Bill Clinton?)
Reply 24 - Posted by: Forehand, 3/31/2005 7:50:02 PM
Is that a misdemeanor in your pants or are you just doing 'research'?
Reply 25 - Posted by: redux, 3/31/2005 7:56:12 PM
I wonder how Wen Ho Lee feels about all this after Bill Richardson ("King Bill" to us New Mexicans these days) railroaded his arse up at Los Alamos.
Reply 26 - Posted by: pensom2, 3/31/2005 8:02:52 PM
It would be interesting to know whether his attorneys negotiated for the consummation of the deal to be announced publicly at a time of their choice, such as when there's lots of other information in the news, such as the Schiavo death and the Pope's failing health.
Reply 27 - Posted by: jhp, 3/31/2005 8:11:30 PM
Life in prison is appropriate here but I bet he sees 0 time.
Reply 28 - Posted by: mp4747, 3/31/2005 8:18:29 PM
30 days of community service picking up paper at the National Archives.
Reply 29 - Posted by: uno, 3/31/2005 8:20:55 PM
What a pantload!!
Yeah, I want answers to what are and where are the missing docs as well!
How does anyone get away with a slap on the wrist for felonolious actions?
An honest mistake - and you all only thought Dan Rather would suck that one up!
Reply 30 - Posted by: yeahsuredad, 3/31/2005 8:30:51 PM
There! See, all of us conservative types were just over-reacting again. It was only a misdemeanor all the time. Jeesh...when will we learn?
Reply 31 - Posted by: NorthernDog, 3/31/2005 8:31:25 PM
I've lost count of how many Clinton friends have committed crimes or wound up dead. Must be in the dozens. Where Marc Rich these days?
Reply 32 - Posted by: Aquivit, 3/31/2005 8:33:30 PM
A misdemeanor? The laws of the land are only for thee am me! This is an outrage!
Reply 33 - Posted by: Jeff, 3/31/2005 8:34:02 PM
misdemeanor = mis-de-meaning order of law?
What's up the Justice Department?
Reply 34 - Posted by: mythman, 3/31/2005 8:35:37 PM
And what does he get for destruction of classified documents?
Reply 35 - Posted by: qr4j, 3/31/2005 8:43:30 PM
Sandy could get up to a year in prison as well as a $100,000 fine. I hope he gets both. He was caught with his pants down . . . well up and uh . . . stuffed!
This stuff is too funny for TV. Wonder what Mrs. Clinton's got stuffed in her bra. Billing records?
Reply 36 - Posted by: GoodGrief, 3/31/2005 8:51:13 PM
"Berger, who served in the Clinton administration, will enter the plea Friday in U.S. District Court in Washington..."
I just love the AP, makes this look like Berger is just another guy. For Pete's sake, this person was THE NATIONAL SECURITY ADVISOR and should full well know the severity of his offence.
Reply 37 - Posted by: Scout Finch, 3/31/2005 8:53:32 PM
Oh my. Sandy has to wait three whole years before gaining access once again to the National Archives. When the pantsuited one is crowned President in 2008, Sandy will be able to complete the purging of all sensitive documents that reflect badly on Bill.
Reply 38 - Posted by: jatfla, 3/31/2005 8:57:24 PM
I'm with #13. I guess I've become one of those conspiracy nuts. This guy can *lose* classified documents with minimal repercussions? How much won't we hear?
I still think Flight 800 was shot down by a missile
Reply 39 - Posted by: holeshot, 3/31/2005 9:10:12 PM
Bubba & piaps win again.
Reply 40 - Posted by: woofwoofwoof, 3/31/2005 9:16:02 PM
... and has to go without socks or pants for three years on probation.
Reply 41 - Posted by: Happy Katy, 3/31/2005 9:19:11 PM
Unfortunately, I cannot look at this result with any sense of levity. It is a travesty of justice in the highest degree. To deliberately steal (not once, but several times) the highest confidential papers from our National Archives is an event that should be seen as treasonable. Especially when the net result was the intent to give or abet false and perjurious testimony to two Intelligence Committees investigating matters that had the safety of our nation in its focus.
This should have been a felony at the very least, with a prison sentence that would send a message to the thieving Democrats that seem always to skate!!!!!
Reply 42 - Posted by: Duke of Duval, 3/31/2005 9:25:39 PM
That whole Clinton clique is full of crooks.
Reply 43 - Posted by: Burger, 3/31/2005 9:44:16 PM
It is a Good Thing Sandy is a Democrat.
Rules and standards are NEVER applied to Democrats.
Must be nice to steal classified documents and skate on it.
makes me sick.
Reply 44 - Posted by: Too Darned Honest, 3/31/2005 9:47:20 PM
This smells just like something that would happen in the Repbublicrat State of Illinois. This Berger plead smells like they are all going along to get a long while DINO's and RINO's stick it to us. It's disgusting.
Reply 45 - Posted by: BobTarn, 3/31/2005 10:00:52 PM
Misdemeaner? When I worked with classified data, the Federal Agent assigned to our program told us that he would have our "scalp on his wall" if we were to do what Sandy did. So much for justice...
Reply 46 - Posted by: Penney, 3/31/2005 10:10:20 PM
Bergler finally fessed up? Does this, 'tap-on-the-wrist,' penalty set a precedent for anyone STEALING classified materials in the future? -YIKES!!!
Katy, bar the door!
Reply 47 - Posted by: miceal, 3/31/2005 10:22:08 PM
This is an OUTRAGE! My darling wife, 05 Intelligence Officer with the Air Force Special Operations Command, read this article and just about came unglued. I had to keep her from punching a hole in the wall. He deserves to be in jail and fined the MAXIMUM. For God's sake he was the National Security Advisor....
Reply 48 - Posted by: Dimpled Darling, 3/31/2005 10:23:45 PM
I heard that he's lost his security clearance
Oh, well, better late than never.
Reply 49 - Posted by: buffelen, 3/31/2005 10:24:29 PM
Not enough time for this slime. Spent time in the Navy under top secret clearance in communications. It was instilled in us that any breach of the clearance meant the slammer. Berger is getting off with a slap on his fat thieving wrist. No justice.
Reply 50 - Posted by: jubal, 3/31/2005 10:57:48 PM
Where is Nancy Pelosi and Harry Reid when you need them?
Reply 51 - Posted by: Tuxedo, 3/31/2005 11:01:03 PM
Throw his sorry butt in jail for a while.
I can't believe this!
Reply 52 - Posted by: WhatMediaBias, 3/31/2005 11:02:58 PM
Berger is typical of the no-class Clinton mindset that laws are meant for the 'little people', and, after all, stuffing his shorts with classified material was the only way he could have accomplished his political goal.
Reply 53 - Posted by: delta dave, 3/31/2005 11:13:43 PM
Not in my life time.
raTHergate is a small potato compared to Burglergate.
Time to roll on this one
Reply 54 - Posted by: delta dave, 3/31/2005 11:19:48 PM
Not in my life time.
raTHergate is a small potato compared to Burglergate.
Time to roll on this one
Reply 55 - Posted by: TexasRed, 3/31/2005 11:32:17 PM
Which Clintonista official negotiated this sweet deal for the "Bergler". He needs to sit in jail until the drafts are returned.
What a cop-out.
Reply 56 - Posted by: geo11, 3/31/2005 11:42:33 PM
Whoever in the Justice Department agreeing to this deal should be imprisoned. Sandy committed a serious felony and should pay with jail time. What a farce.
Reply 57 - Posted by: Introvert, 3/31/2005 11:44:16 PM
Martha Stewart goes to jail for saying she didnt do anything wrong to the investigators.
This clown steals top secret documents with malice intent and he will walk guaranteed.
What a friggin joke!
Reply 58 - Posted by: radrelic, 4/1/2005 12:21:56 AM
Just what was in those destroyed documents that made the risk worth taking and how can we ever be sure he wasn't also putting records in?
He gets the plea bargain because the people in charge do not want to go through a court trial in which the men in black wiould compromise national security with what they would allow the defense lawyers to do.
Disdain for the out of control judiciary is right up there with that for the MSM.
Reply 59 - Posted by: radrelic, 4/1/2005 12:27:22 AM
Oh, I forgot to say something about jackboots under the black robes.
And the remarks about GWB playing nice nice with the Clintonistas, the papers released about Clinton's midnight paardons were very heavily redacted. Don't know what is being hidden or protected but something obviously is. probably a combination of not wishing anymore of Clinton's sins bringing the office of the President lower in people;s estimation and also to avert suspitions so GWB's own midnight paardons are casst in same mold.
Reply 60 - Posted by: Stars-stripes, 4/1/2005 12:33:22 AM
Yeah, Sandy, tell it to Chuck Colson.
Reply 61 - Posted by: bighambone, 4/1/2005 12:47:24 AM
He won't get any jail time, he will tell the judge that he is sorry, pay a fine of a few grand, claim that he will cooperate with the prosecutors, and possibly agree that they can take his security clearance away for a couple of years. The guy is a politically connected lawyer, there are all kinds of liberal Democrat lawyers in the DOJ, so he will skate, that way they all stay safe, like you scratch my back and I will scratch yours!
