Sandy Berger to plead guilty

rubberneck · 03-31-2005, 17:40

Berger to Plead Guilty to Taking Materials

21 minutes ago

By MARK SHERMAN, Associated Press Writer

WASHINGTON - Former national security adviser Sandy Berger will plead guilty to taking classified material from the National Archives, a misdemeanor, the Justice Department said Thursday.

Berger is expected to appear in federal court in Washington on Friday, said Justice spokesman Bryan Sierra.

The former Clinton administration official previously acknowledged he removed from the National Archives 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 inadvertently took copies of actual classified documents in a leather portfolio. He returned most of the documents, but some still are missing.

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.

The materials related to a 2000 report on how government reacted to the terror threat prior to the millennium celebrations.

Berger stepped down as an adviser to Democratic presidential candidate John Kerry's campaign last July after The Associated Press reported that the Justice Department was investigating the matter.

Many Democrats, including former President Clinton, suggested politics were behind disclosure of the probe only days before the release of the Sept. 11 commission report, which Republicans feared would be a blow to President Bush's re-election campaign.

Radar Rider · 03-31-2005, 17:57

The crookedness of the clinton administration continues. Berger pleads guilty but doesn't admit criminal wrongdoing. I'm surprised that they haven't "Fostered" him yet.

**Pete** · 03-31-2005, 20:13

Quote:

Originally Posted by Radar Rider

The crookedness of the clinton administration continues. Berger pleads guilty but doesn't admit criminal wrongdoing. I'm surprised that they haven't "Fostered" him yet.

He'll pull a Susan McD. and keep his mouth shut. "IF" he serves any time he'll come out and claim he was a target of the Vast Right Wing group the Clinton's love to talk about.

Pete

NousDefionsDoc · 03-31-2005, 20:16

I wonder if he will do time in the calaboose? The hoosegow?

FREE MARTHA NOW!!!!

lksteve · 03-31-2005, 20:39

Quote:

Originally Posted by NousDefionsDoc

FREE MARTHA NOW!!!!

i don't know what you have, but i'm glad i ain't got it....

**Airbornelawyer** · 03-31-2005, 21:07

Quote:

...John Kerry's erstwhile Secretary of State...

"erstwhile" means "former"; I assume you meant presumptive or something along those lines.

**Airbornelawyer** · 03-31-2005, 21:16

Quote:

Berger and his lawyer, Lanny Breuer, have said Berger knowingly removed the handwritten notes by placing them in his jacket and pants and inadvertently took copies of actual classified documents in a leather portfolio.

To revisit this, which was discussed before, this statement was his legal strategy.

Regarding the removal documents which were indisputably classified, knowledge or purpose is an element of the offense, hence the claim that those he "inadvertently took." Clinton's and others' statements that Sandy was just a slob was part of the strategy to make him out to be "merely" negligent.

He couldn't get around knowledge on the handwritten notes, because of the obvious effort he took to hide them, sticking them down his pants and all. So here, his lawyer argued that he didn't think those were classified.

**Roguish Lawyer** · 03-31-2005, 21:27

Nice avatar, Dave. Care to explain?

NousDefionsDoc · 04-01-2005, 01:21

I remember something like that from SOCNET. Something about "I have no freakin' idea what you are talking about, so here's a picture of a hamster with a pancake on his head."

Swindleous · 04-01-2005, 02:30

Quote:

Originally Posted by NousDefionsDoc

I remember something like that from SOCNET. Something about "I have no freakin' idea what you are talking about, so here's a picture of a hamster with a pancake on his head."

I remember similar references, and after a quick search this popped up http://www.fsinet.or.jp/~sokaisha/rabbit/rabbit.htm

Someone really likes rabbits! If you don't have the language pack, just click canel on the prompts and follow the English links to view the rather bizarre/obsessive photos of said rabbit.

Sdiver · 04-01-2005, 03:02

Quote:

Originally Posted by NousDefionsDoc

I remember something like that from SOCNET. Something about "I have no freakin' idea what you are talking about, so here's a picture of a hamster with a pancake on his head."

Here is that famous bunny in all it's glory.

**Airbornelawyer** · 04-01-2005, 09:57

I retired the late Johnny Cochran and the Chewbacca Defense, and had no idea which way to go.

Following on unfrozen caveman lawyer, and RL's homages to James Madison and Jackie Chiles, famous lawyers could be a theme, but I was stuck between Wade Blasingame ("I've sued over 2,000 canines, and I'm willing to do it for you!") and William Blackstone ("Liberties more generally talked of, than thoroughly underftood ; and yet highly neceffary to be perfectly known and confidered by every man of rank or property, left his ignorance of the points whereon it is founded fhould hurry him into faction and licentioufnefs on the one hand, or a pufillanimous indifference and criminal fubmiffion on the other.").

So I went with the bunny.

jbour13 · 04-01-2005, 10:16

What really bothers me is that the root of his being in the library is known, but why squirrel away classified documents?

Possible damaging evidence that the Clinton regime was negligent in countering terrorism? I still believe that Sandy was prepping some kind of damage control to counter the 911 commision or at least absolve the Clinton administration and remind people that we legally went after and prosecuted terrorists.

I'd say that Desert Fox was a mistake and only reminded UBL that we we were going to hammer his ass.

I do agree that the probe may have been leaked to boost the Republican agenda. It's politically driven but still a F%ck Up on Sandy's part.

He'll probably get the typical commuted sentence due to his public service, etc.

I do love the elaborate tap dances politicians give when faced with very direct questions. It's kinda like watching someone that has just realized Montezuma's revenge is about to establish a foothold. Sweatiness, darting eyes, trembling lips.... more fun to watch than detainees in the booth.

NousDefionsDoc · 04-01-2005, 10:19

http://apnews.myway.com/article/20050401/D896CBQ80.html

Mar 31, 10:54 PM (ET)

By MARK SHERMAN

WASHINGTON (AP) - Former national security adviser Sandy Berger 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 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 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-Qaida 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.

Let a private do something like this and try to get his clearance back.

jbour13 · 04-01-2005, 10:24

Quote:

Originally Posted by NousDefionsDoc

http://apnews.myway.com/article/20050401/D896CBQ80.html

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.

Let a private do something like this and try to get his clearance back.

I'll agree that PVT Snuffy would be the new poster child.

I don't understand the wording of "surrender his security clearance for three years..."

It's priviledge, not a right and therefore should be taken away from him without consideration of granting him another.

Some poor investigator down the road will get this case and have to make a career decision, not Sandy's, his.