timberlandko wrote:There are some questions that need answers.
What we know:
Fact: Berger aroused suspicion and an official investigation was begun
Fact: Berger was in unlawful possession of classified information.
Fact: Berger's CV and bona fides mitigate, and powerfully so, against carelessness or ignorance of applicable protocol and law
Fact: Both Berger and Kerry aver Kerry was unaware of the investigation.
What we don't know:
Why did Berger act contrary to his years of directly relevant experience and knowledge of applicable law?
Who, if anyone, besides Berger is involved ... involved, not merely implicated-by-inuendo.
A perfectly reasonable outline, and it is perfectly reasonable to conduct an investigation of the matter.
Only the most partisan of individuals equates investigation with a guilty verdict.
Although one might argue that Berger should never have been allowed to enter the secure room with a briefcase, and that he would have been familiar with this prohibition, it is not difficult to imagine that a former National Security Advisor would have been given a pass on the rules by whomever was charged with enforcing them. There's nothing sinister about this. In fact, it would be more unsual for a civil servant to religiously enforce a set of rules upon one of the high and mighty (past or present) in Washington.
Once inside the room with a briefcase, it's not that much of a stretch to imagine how papers might have inadvertantly been mixed up with those brought into the room; in the briefcase.
Berger will have a harder time explaining how papers got into his pockets.
He will also have a harder time explaining why any of the papers removed from the room might have innocently been discarded.
This is not to say that he is guilty of anything other than sloppiness, but it
is not difficult, given what we know, to creat a fairly plausible scenario where the papers were removed and discarded for nefarious reasons. This being the case, an investigation is called for.
The fact that every single piece of paper discarded had been copied by the archives is entirely immaterial. Just because an illegal act doesn't produce its intended result, doesn't mean it is any less illegal.
If, in fact, there are duplicates of every piece of paper Berger left with, then, assuming he is innocent of wrongdoing, his defense should be fairly straight forward. If the discarded papers are totally innocuous, then error rather than design would be indicated. On the other hand, if the discarded papers were somehow problematic for Berger and/or the Clinton Administration, then the evidence of wrongdoing may only be circumstantial but it would be convincing, and a conviction can be based on convincing circumstantial evidence.