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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.
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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.