Byron York:
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But it appears that some of the evidence in the case casts doubt on Berger's explanation. First, Berger has reportedly conceded that he knowingly hid his handwritten notes in his jacket and pants in order to sneak them out of the Archives. Any notes made from classified material have to be cleared before they can be removed from the Archives — a common method of safeguarding classified information — and Berger's admission that he hid the notes in his clothing is a clear sign of intent to conceal his actions.
Second, although Berger said he reviewed thousands of pages, he apparently homed in on a single document: the so-called "after-action report" on the Clinton administration's handling of the millennium plot of 1999/2000. Berger is said to have taken multiple copies of the same paper. He is also said to have taken those copies on at least two different days. There have been no reports that he took any other documents, which suggests that his choice of papers was quite specific, and not the result of simple carelessness.
Third, it appears that Berger's "inadvertent" actions clearly aroused the suspicion of the professional staff at the Archives. Staff members there are said to have seen Berger concealing the papers; they became so concerned that they set up what was in effect a small sting operation to catch him. And sure enough, Berger took some more. Those witnesses went to their superiors, who ultimately went to the Justice Department. (There was no surveillance camera in the room in which Berger worked with the documents, meaning there is no videotape record of the incidents.)
The documents Berger took — each copy of the millennium report is said to be in the range of 15 to 30 pages — were highly secret. They were classified at what is known as the "code word" level, which is the government's highest tier of secrecy. Any person who is authorized to remove such documents from a special secure room is required to do so in a locked case that is handcuffed to his or her wrist.
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In May, a government official told National Review Online that the report contains a "scathing indictment of the last administration's actions." The source said the report portrayed the Clinton administration's actions as "exactly how things shouldn't be run."...
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