Breuer said the Justice Department considered Berger the subject of a criminal investigation, meaning that he had information of interest but that he was not a target, and so charges were not likely. FBI agents have searched his home and office but have not interviewed Berger .
http://www.washingtonpost.com/wp-dyn/articles/A64379-2004Jul20.htmlBerger Quits as an Adviser to Kerry
Ex-Clinton Aide Facing Inquiry Over Papers
By Susan Schmidt
Washington Post Staff Writer
Wednesday, July 21, 2004; Page A01
Clinton administration national security adviser Samuel R. "Sandy" Berger, under criminal investigation for removing copies of highly classified documents from the National Archives, severed his ties to John F. Kerry's campaign yesterday.<snip>
Even as Berger acknowledged his actions, it remained unclear the degree to which they stemmed from carelessness or an intentional effort to hide and remove the documents, along with notes of the materials he was reviewing.
Berger's attorneys have acknowledged that he removed numerous classified memos, and apparently discarded some, as he reviewed materials on behalf of the Clinton administration for the independent commission investigating the Sept. 11, 2001, attacks. They said the removal of documents was inadvertent but that Berger was aware he was violating the law when he removed his handwritten notes without submitting them for review by National Archives staff.
Lanny Breuer, one of Berger's attorneys, said he was uncertain of the classification level of the various documents because he had not seen them but added that he believes that different versions of the critique bore different classification stamps. The documents that were removed were copies; the National Archives retained the originals. <snip>
The after-action memo was written by then-White House counterterrorism adviser Richard A. Clarke and contained 29 recommendations about improving homeland security, including beefing up protections at the nation's ports and borders. The review pointed out flaws in the nation's counterterrorism efforts.
<snip>