Sandy Berger Convicted– But It’s A Slap On The Wrist
Former Clinton Administration National Security Adviser Sandy Berger got off very light. He stole classified documents and the court slapped him with a $50,000 fine. Berger had a high position in government, and it looks like his bigshot status kept him out of jail.
I’ve seen “security violation” investigations, and they are serious affairs. Even minor slip-ups can have negative effects on military careers.
The AP (via the San Diego Union-Tribune)provides the details on Berger’s conviction. Note Berger also lied. In April he pleaded guilty. Perhaps that’s why the government lawyers asked for a lenient sentence– a plea bargain was involved. Clinton CIA Director John Deutch also got away with a serious security breach when he was caught with classified material on a personal computer. Investigation indicated Deutch was grossly negligent. Berger was criminal.
Key grafs in the AP report:
A judge on Thursday ordered Sandy Berger, President Clinton’s national security adviser, to pay a $50,000 fine for illegally taking classified documents from the National Archives.
The punishment handed down by U.S. Magistrate Judge Deborah Robinson exceeded the $10,000 fine recommended by government lawyers. Under the deal, Berger avoids prison time but he must surrender access to classified government materials for three years.“The court finds the fine is inadequate because it doesn’t reflect the seriousness of the offense,” Robinson said, as a grim-faced Berger stood silently.
Earlier in the hearing, Berger expressed remorse for his crime, which he described as a lapse of judgment that came while he was preparing to testify before the Sept. 11 commission.
“I let considerations of personal convenience override clear rules of handling classified material,” Berger said. “I believe this lapse, serious as it is, does not reflect the character of myself.”
“In this case, I failed. I will not again,” he said.
The sentencing capped a bizarre sequence of events in which Berger admitted to sneaking classified documents out of the Archives in his suit, later destroying some of them in his office and then lying about it. ..
Sandy Berger Get out of Jail Free Card? Come on now. Just read this from Austin Bay that Sandy Big Pants Berger only has to pay a fine? And as Austin says very light and I’ll add this is a grossly light slap on the wrist. I wonder
Trackback by Shared Daily — 9/8/2005 @ 5:51 pm
Very very light suspension and sentence if you ask me. He’ll be ready for democratic regime again in ‘08.
Comment by Ray — 9/8/2005 @ 5:52 pm
My paranoid fantasy is that Berger got off light because he knows something that he would have had to reveal in a trial that would be damaging either to the United States or to the Bush White House (could be either). He knew that, and the investigators knew that (probably without any explicit threat being made). Nobody wanted a trial, but the prosecutors wanted one even less than Berger, even if they had him dead to rights on the substance. That gave Berger huge leverage in his negotiations over the penalty. The judge then smelled a rat and jacked the fine just to put the prosecutors in their place. As I said, this is nothing more than rank speculation.
Comment by TigerHawk — 9/8/2005 @ 7:43 pm
There have been many trials where the defense has been able to obtain a ridiculously light sentence because the information needed to convict had immense security problems. Not problems politically, in the sense for US politicians, but for actions taken that reveal informants and strategies. At least they should have found everything and anything to get him on such as lying to a federal officer. What is really sad is he can practice law in 3 years. What has the bar done to him? If they were righteous, he should be disbarred for life, to at least make the bar look like it cares.
Comment by Al Reasin — 9/8/2005 @ 9:17 pm
Anyone that thinks Berger was covering for the Bush administration is smoking something. He was covering up alright, for the administration and President he worked for. “Able Danger” anyone? And this is also rank speculation, but we will see!
Comment by CMSgt AL Kauses,USAF,Ret — 9/8/2005 @ 9:58 pm
$50,000? He’ll make that in one speaking engagement explaining to the Harvard Club why he was justified in breaking the law. It’s disgraceful.
Comment by Mark — 9/8/2005 @ 11:21 pm
Quote: “My paranoid fantasy is that Berger got off light because he knows something that he would have had to reveal in a trial that would be damaging either to the United States or to the Bush White House (could be either)…” Huh? It’s my understanding that all the documents he took originated with the Clinton administration. Almost certainly what he destroyed were copies that had embarassing handwritten notes on them (notes not duplicated on copies). But everyone’s just speculated about this to date, so I suppose the exact details will never be known; he probably destroyed what he knew to be uncopied originals. No doubt original “drafts” still exist without any embarassing marginal notes on them, thus the “spin” that no “originals” were destroyed. Now that I think about it, I suppose Tigerhawk is right in that the National Archives folks are probably happy to go along with this version; certainly Bush II and Clinton have found it convenient not to get into it over this topic which is water under the bridge for both of them politically. It’s another example of how Clintonites can get away with just about anything; who says arrogance doesn’t pay? Good point about the 3-year suspension being up in 08. So, maybe we’ll be able to see Berger’s sheepish grin back “in office” then. If the Dems can get a majority in the Senate in 08 too, he might even be nominated for a confirmable post in a Hillary administration! After all, there’s just no embarrassment that the Dems can’t rise above; remember, in their mind they’re always “defending the Constitution” against those extremist right-wing Republicans. Does Berger have wealth of his own? It would be interesting to know the source of funds for the $50,000 payment. I hope somebody follows up on this and you report it here; if Berger is strapped for funds, I wouldn’t be surprised if somebody like George Soros quietly pays it for him.
Comment by Paul H. — 9/8/2005 @ 11:31 pm
So he stole the top secret documents for “personal convenience”, huh? And his excuse for destroying some of them was? And the reason no reporter has asked him that question is?
Comment by clarice — 9/9/2005 @ 12:35 am
And, weren’t the documents in question…*copies*? I mean, he’s hardly hiding anything by destroying or stealing copies.
Comment by Peter Wolf — 9/9/2005 @ 12:47 am
I can’t say I’m terribly surprised by how the whole Sandy Berger case played out. From the start this was a lose lose situation for the Justice Department. If they really went after Mr. Berger for his rather obvious and lamentable indiscretions it would have been portrayed as yet another evil political assassination foisted upon America and the hapless Mr. Berger by a pernicious Clinton Era obsessed right wing hate mongers. If they let him off light they get called out for passing up a perfectly legitimate prosecution simply because the accused is a political heavy weight from the opposition party. Personally I would have loved reading all the Mass Hysteria frothing forth from the left had the DOJ actually thrown the book at Mr. Berger. No matter what the particular world ending right wing induced crisis of the day may be the American Leftist Propaganda Machines (MSM) never fails to entertain.
Comment by Stubai — 9/9/2005 @ 12:55 am
Hey TigerHawk- get a clue. Sandy Berger was a CLINTON guy. If he has dirt that is damaging to anybody, it is dirt on the CLINTON whitehouse and their three-time refusal to take custody of Osama when offered… and/or their erecting of the so-called “Intelligence Wall” which was put into place to prevent CIA information relating to CLINTON’s handing over to CHINA of US military secrets in exchange for campaign contributions getting investigated (note the woman who was most responsible for erecting that “wall” was on the 9/11 commission- conflict of interest anyone?)… and/or so many other CLINTON failures to prevent 9/11… You make a sad attempt to attribute it to something damaging to the Bush Whitehouse- how would a CLINTON guy know anything damaging to the Bush Whitehouse? Your pathetic attempt to cast doubt on the Bush Whitehouse by this clear CLINTON transgression is almost as sad as the Democrat’s attempt to attribute a hurricane (or the total mess created by the NO mayor and governor despite pleas from the Feds to do otherwise) to Bush. Almost. You Democrats have passed the line of partisanship- you are now openly opposed to the interests of your own country- and your total and utter inability to comprehend this is so sad and pathetic that I for one am beyond ever, EVER even attempting to listen to your party’s message…
Comment by TigerHawk - Get a Clue — 9/9/2005 @ 1:16 am
Clinton national security adviser fined Sandy Berger, President Clinton?s national security adviser, was fined $50,000 Thursday for taking c
Trackback by Unpartisan.com Political News and Blog Aggregator — 9/9/2005 @ 1:24 am
Check me on this. Isn’t part of a guilty plea an “allocution”? Don’t you have to testify under oath about what you did? Aren’t there dozens of questions that Berger has left unanswered?
Comment by Voice of Reason — 9/9/2005 @ 1:43 am
“..but he [Berger] must surrender access to classified government materials for three years.” Huh? We should never allow him access to any government material again. This is crazy.
Comment by Catherine — 9/9/2005 @ 2:07 am
“I let considerations of personal convenience override clear rules of handling classified material,†Berger said. “I believe this lapse, serious as it is, does not reflect the character of myself.†Oh Pleeaze! This clown should never be entrusted with classified information again.
Comment by Redhand — 9/9/2005 @ 6:35 am
Austin, I agree. A career could get ruined for compromising Secret information, and we are talking about Top Secret code word information. What really sucks for those of us in the Intel Community is the double standard. We have our backgrounds ripped through, credit checked, and friends questioned just to do our jobs. Some of take polygraphs that are invasive enough to discover if we cheated on Susie Q when we were in College. All of this to protect information that some big shot can treat like junk mail.
Comment by D.W. Eifert — 9/9/2005 @ 7:12 am
This person committed a serious crime. I believe that this is another example of a dyfunctional government tolerating theft, lies and subversion of history. I don’t know how to do it, but I believe this fine and suspended sentence should be reversed and a more severe and appropriate penalty imposed.
Comment by Elliott Ferdon — 9/9/2005 @ 7:28 am
Dear Mr. Bay: I agree with your comments regarding the seriousness with which susoected security breaches are taken in the military. However, politics can play a part even in the military. I could never understand what in Mr. berger’s history made him a candidate for a National Security Advisor. Maybe you can enlighten me? Additionally. I worry even more that it appears as if the Democratic Party machine retains enough faith in his loyalty that he may well be placed in another critical position in the event that the Democrats win the Presidency in o08.
Comment by davod — 9/9/2005 @ 7:44 am
His explanation might be the truth. I might get a date with Jennifer Love Hewitt. Which of these two sentences is more plausible?
Comment by HaroldHutchison — 9/9/2005 @ 8:17 am
If a Republican had done this, do you think the MSM would have been this silent? This man was not at the local library stealing Mark Twain, he stole important documents to change the Clinton legacy. This stupid empty unqualified man belongs behind bars!But his party will reward him.8 years of ineptitude!
Comment by d.von rochow — 9/9/2005 @ 8:31 am
Was his security clearance permanently revoked? If not, why no?
Comment by J Nalod — 9/9/2005 @ 8:47 am
He’s gotten away with rewriting history.
Comment by CJ — 9/9/2005 @ 9:02 am
Remember that Col. Tony Shaffer had his career put on hold AND his security clearance suspended for a $67 phone bill. Surely surrendering his security clearance for 3 years for theft and destruction of classified material is on par with that. $67 phone bill vs. theft and destruction of classified material? Yeah, it about the same. Actually, Tigerhawk may be closer to the truth that we give him credit. Remember that the Able Danger documents disappeared about that time, as well as testimony records. I think that revelations that the US had Atta and didn’t move on it could be damaging to the government, at least, the past and possible future Clinton governments.
Comment by Scott — 9/9/2005 @ 9:02 am
Can anyone imagine what the cry would be if a Republican NSA had done this? The MSM would push Katrina off the front page
Comment by Geeno — 9/9/2005 @ 9:15 am
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Trackback by La Shawn Barber's Corner — 9/9/2005 @ 11:46 am
When all is considered, this Burglar thing makes the Abu Grhaib (Sp?), and UN Oil-for-food Scandals, seem like minor stories. They are doing an excellent job of sweeping it under the rug. Slick still controls things.
Comment by Gary — 9/9/2005 @ 12:10 pm
Mr. Berger should be in jail for this breach of security and illegal destruction of classified material. Justice is supposed to be blind, however, in this case there’s no doubt that it is also deaf and dumb. The judge is far too lenient and actually incompetent.
Comment by Roger Nelson — 9/9/2005 @ 12:29 pm
Yea, and I would have gotten away with it too if it weren’t for those kids and their dog!
Comment by Scooby — 9/9/2005 @ 12:30 pm
What’s with this administration? I’m losing faith in Bush. At least rhetorically go after Berger and Richard Clarke and everyone from the 9/11 comission who used the hearings to score political points. And quit taking BS from Whitehouse reporters and national tv personalities, including Russert. If you can’t stand up for yourself, tell me why I should trust the admin to
Comment by Tom Fitzgerald — 9/9/2005 @ 1:30 pm
Show us the tapes of the theft of the records and the records of calls made by Burger while in the National Archives! Also, take statements from the staff of the National Archives - under OATH of course! This entire episode is a disgrace and to let the offenders off so easily is a greater disgrace.
Comment by Reba — 9/9/2005 @ 1:32 pm
The comments on Berger’s crime(s) astonish me. The archivists stated that all of the original documents are still present–Berger took copies. The prosecutor & staff are Bush XLIII appointees, employees & advisors who are unlikely to cut a deal that aids or abets any Clinton people–they’re certainly not Friends of Bill. The judge was not privvy to the deal that they cut & very unhappy about the plea bargain–looks as if only “need to know” types were in that loop. Many reports indicated that Berger was working with, copying & “stealing” documents that he originally wrote–certainly no hand-off of secrets in that. Also, this stuff was aged & archived, whether the data were still sensitive or not, it’s unlikely that the U.S. Attorney’s office wanted to present a jury with the argument that “this creep stole copies of documents that he wrote & he’s a primary threat to the future of all civilization.” Finally, create the image in your mind of Bill Clinton, Al Gore, Bill Cohen & Warren Rudman as character witnesses at this showcase trial–no conviction is the outcome folks. Sad & tough, but true. Berger had the chips to bargain & slid away like the devil on ice skates in a frozen over Hell–”badee, badee, bada, that’s all folks” & this looney tune is OVER.
Comment by Walt Lindgren — 9/9/2005 @ 8:48 pm
The documents weren’t “just” Top Secret. They were a much higher classification, as I recall seeing, something like “Code Word.” A college friend went on active duty in Naval Intelligence as I went to the fleet. I was preening that I had Top Secret and Cryptographic clearances for my job as Communications Officer of a destroyer. He said that around Washington the clerks mostly had TopSec clearance so they could put papers into files. The REAL secrets, according to him, had designations which were - the names themselves - highly classified. That put my in my place. Apparently Burglar had a pantsload of such documents. And he can do it again in just three years.
Comment by MikeLM — 9/9/2005 @ 9:32 pm
“In this case I failed. I will not again, he said.” What chutzpah! Why in the world should he EVER get a chance to do it again?
Comment by exguru — 9/9/2005 @ 10:31 pm
What the Clinton administration gave us, and continues to give us, is spectacles of high government officials committing crimes almost with impunity. One law for top political Democratic leaders, another for the American public. This is a dangerous situation for any republic.
Comment by valleystorm — 9/10/2005 @ 3:56 am