Clinton Adviser Probed in Terror Memos

WASHINGTON - President Clinton (news - web sites)'s national security adviser, Sandy Berger, is the focus of a criminal investigation after admitting he removed highly classified terrorism documents from a secure reading room during preparations for the Sept. 11 commission hearings, The Associated Press has learned.

Berger and his lawyer said Monday night he knowingly removed handwritten notes he had taken from classified anti-terror documents he reviewed at the National Archives by sticking them in his jacket and pants. He also inadvertently took copies of actual classified documents in a leather portfolio, they said.

"I deeply regret the sloppiness involved, but I had no intention of withholding documents from the commission, and to the contrary, to my knowledge, every document requested by the commission from the Clinton administration was produced," Berger said in a statement to the AP.

Berger served as Clinton's national security adviser for all of the president's second term and most recently has been informally advising Democratic presidential candidate John Kerry (news - web sites). Clinton asked Berger last year to review and select the administration documents that would be turned over to the commission.

The FBI searched Berger's home and office with warrants earlier this year after employees of the National Archives told agents they believed they witnessed Berger put documents into his clothing while reviewing sensitive Clinton administration papers, officials said.

When asked, Berger said he returned some of the classified documents, which he found in his office, and all of the handwritten notes he had taken from the secure room, but said he could not locate two or three copies of the highly classified millennium terror report.

"In the course of reviewing over several days thousands of pages of documents on behalf of the Clinton administration in connection with requests by the Sept. 11 commission, I inadvertently took a few documents from the Archives," Berger said.

"When I was informed by the Archives that there were documents missing, I immediately returned everything I had except for a few document that I apparently had accidentally discarded," he said.

Lanny Breuer, one of Berger's attorneys, said his client has offered to cooperate fully with the investigation but has not been interviewed by the FBI or prosecutors. Berger has been told he is the subject of the investigation, Breuer said.

Government and congressional officials familiar with the investigation, who spoke only on condition of anonymity because the probe involves classified materials, said the investigation remains active and that no decision has been made on whether Berger should face criminal charges.

The officials said the missing documents were highly classified, and included critical assessments about the Clinton administration's handling of the millennium terror threats as well as identification of America's terror vulnerabilities at airports to sea ports.

"When I was informed by the Archives that there were documents missing, I immediately returned everything I had except for a few document that I apparently had accidentally discarded," he said.