President Clinton’s national security adviser removed classified documents from the National Archives, hid them under a construction trailer and later tried to find the trash collector to retrieve them, the agency’s internal watchdog said Wednesday. The report was issued more than a year after Sandy Berger pleaded guilty and received a criminal sentence for removing the documents.
Berger took the documents in the fall of 2003 while working to prepare himself and Clinton administration witnesses for testimony to the Sept. 11 commission. Berger was authorized as the Clinton administration’s representative to make sure the commission got the correct classified materials.
Berger’s lawyer, Lanny Breuer, said in a statement that the contents of all the documents exist today and were made available to the commission.
But Rep. Tom Davis, R-Va., outgoing chairman of the House Government Reform Committee, said he’s not convinced that the Archives can account for all the documents taken by Berger. Davis said working papers of National Security Council staff members are not inventoried by the Archives.
“There is absolutely no way to determine if Berger swiped any of these original documents. Consequently, there is no way to ever know if the 9/11 Commission received all required materials,” Davis said. Berger pleaded guilty to unlawfully removing and retaining classified documents. He was fined $50,000, ordered to perform 100 hours of community service and was barred from access to classified material for three years.
Inspector General Paul Brachfeld reported that National Archives employees spotted Berger bending down and fiddling with something white around his ankles. The employees did not feel at the time there was enough information to confront someone of Berger’s stature, the report said.
Later, when Berger was confronted by Archives officials about the missing documents, he lied by saying he did not take them, the report said.
Brachfeld’s report included an investigator’s notes, taken during an interview with Berger. The notes dramatically described Berger’s removal of documents during an Oct. 2, 2003, visit to the Archives.
Berger took a break to go outside without an escort while it was dark. He had taken four documents in his pockets.
“He headed toward a construction area. … Mr. Berger looked up and down the street, up into the windows of the Archives and the DOJ (Department of Justice), and did not see anyone,” the interview notes said.
He then slid the documents under a construction trailer, according to the inspector general. Berger acknowledged that he later retrieved the documents from the construction area and returned with them to his office.
“He was aware of the risk he was taking,” the inspector general’s notes said. Berger then returned to the Archives building without fearing the documents would slip out of his pockets or that staff would notice that his pockets were bulging.
The notes said Berger had not been aware that Archives staff had been tracking the documents he was provided because of earlier suspicions from previous visits that he was removing materials. Also, the employees had made copies of some documents.
In October 2003, the report said, an Archives official called Berger to discuss missing documents from his visit two days earlier. The investigator’s notes said, “Mr. Berger panicked because he realized he was caught.”
The notes said that Berger had “destroyed, cut into small pieces, three of the four documents. These were put in the trash.”
After the trash had been picked up, Berger “tried to find the trash collector but had no luck,” the notes said.
Significant portions of the inspector general’s report were redacted to protect privacy or national security