As this Washington Post report indicates, we still don't know for sure what Sandy Burglar took from the National Archives.
A report last month by the Republican staff of the House Oversight and Government Reform Committee said for the first time that Berger's visits were so badly mishandled that Archives officials had acknowledged not knowing if he removed anything else and destroyed it. The committee further argued that the 9/11 Commission should have been told more about Berger and about Brachfeld's concerns, a suggestion that resonated with Philip Zelikow, the commission's former executive director.
Zelikow said in an interview last week that "I think all of my colleagues would have wanted to have all the information at the time that we learned from the congressional report, because that would have triggered some additional questions, including questions we could have posed to Berger under oath."
The commission's former general counsel, Dan Marcus, now an American University law professor, separately expressed surprise at how little the Justice Department told the commission about Berger and said it was "a little unnerving" to learn from the congressional report exactly what Berger reviewed at the Archives and what he admitted to the FBI — including that he removed and cut up three copies of a classified memo.
"If he took papers out, these were unique records, and highly, highly classified. Had a document not been produced, who would have known?" Brachfeld said in an interview. "I thought [the 9/11 Commission] should know, in current time — in judging Sandy Berger as a witness . . . that there was a risk they did not get the full production of records."
Sandy Berger did not "burgle" any thing, as he did not commit burglary — the act of breaking and entering to steal — but he did steal documents, and we only have his word that he did not steal anything that was irreplaceable or otherwise left a hole in the historical record. Nonetheless, the man will soon be eligible to have his security clearance restored.