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Eminent Domain Stuff

New London Update (2/24/06)
Coverage of the Rally at New London's City Hall (w/ pics)

Thursday, July 22, 2004


The Berger Saga Continues

More info today from the Washington (com)Post (see also the TNR commentary):

Several days later [after sensitive documents were retrieved from Berger's home], after he had retained Breuer as counsel, Berger volunteered that he had also taken 40 to 50 pages of notes during three visits to the Archives beginning in July, the lawyer said. Berger turned the notes over to the Archives. He has acknowledged through attorneys that he knowingly did not show these papers to Archives officials for review before leaving -- a violation of Archives rules, but not one that he perceived as a serious security lapse.
First off, the fact that Berger made notes and took them when he left the secure area is a clear violation of the rules. He admits to breaking those rules, so I don't quite see what the basic controversy is about here. He broke the rules. The only question in my mind is how badly did he do so.


Despite searching his home and office, Berger could not find them [missing Classified documents]. By January, the FBI had been brought in, and Berger found himself in a criminal investigation -- one that he chose not to tell Kerry's campaign about until this week.
Really smart to not tell Kerry about a political time bomb just waiting to go off.

At the end of the day, Archives employees determined that that draft and all four or five other versions of the millennium memo had disappeared from the files, this source said.
This, if true and I'm reading it correctly, is very important. If Berger took all the copies of any document, the possible motives take a sinister turn. If it turns out that he had taken only a few copies of drafts, then maybe it was a mistake or he was going to use them for political advantage (neither option is all that rosy for him). On the other hand, if it turns out that he took all the copies (and originals) of any document, it would seem more likely that he did so to cover something up and deny information to others. That, is scary and extremely sinister.

Here's a quote that would seem to support the worst case scenario both for Berger and for National Security:

"These allegations are deeply troubling, and it's our constitutional responsibility to find out what happened and why," Davis said in a statement. "It boggles the mind to imagine how a former national security advisor walked off with this kind of material in his pants, or wherever on his body he carried it. At best, we're looking at tremendously irresponsible handling of highly classified information -- some of which, I understand, has not yet been located." (emphasis added)
This article at least begins to answer some of the questions I had yesterday, but there is obviously more to learn. I'm sure we'll all have our eyes wide open (or wide shut...).


NE Republican has posted a good Op/Ed on the Berger saga.

Update 2:

This one's even better.


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