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Give Berger His Polygraph Already: Justice Department Reluctant To Act

 I despise being an insomniac. I couldn't sleep, and decided it was time to get up, and exercise the mind a bit. Color me ticked when I saw this post from Michelle Malkin that highlights a FOX News story regarding Sandy Berger. Actually, the story revolves around the fact that Berger, in his plea deal to avoid jail for his theft of National Archives documents, agreed to take a polygraph test, and as yet, Justice hasn't pushed the issue. That is an irritating point for the 18 lawmakers demanding the test be administered:

The Justice Department should administer a polygraph test to former National Security Adviser Sandy Berger to find out what documents he took from the National Archives in 2002 and 2003, Rep. Tom Davis wrote in a letter to Attorney General Alberto Gonzales dated Monday.

Davis, ranking Republican on the Committee on Oversight and Government Reform, is leading a group of 18 lawmakers who say the Justice Department has been "remarkably incurious" about Berger's decision to remove documents relating to the Sept. 11 commission's inquiry into his role in helping prevent terror attacks during the Clinton administration.

"It is extraordinarily important that the Justice Department avail itself of its rights under the plea agreement and administer a polygraph examination to Mr. Berger to question him about the extent of his thievery. This may be the only way for anyone to know whether Mr. Berger denied the 9/11 commission and the public the complete account of the Clinton administration's actions or inactions during the lead up to the terrorist attacks on the United States," Davis wrote.

The letter was signed by all Republican members of Congress.

Berger admitted to taking documents on two of the four occasions he went to the National Archives to bone up on his responses for the Sept. 11 commission on his inquiry into how intelligence and law enforcement communities failed to prevent the Sept. 11, 2001, terror attacks on the United States. He said he hid some of them at a construction site near the archives building in Washington.

Now before the Left goes off on a tangent that this is some Republican contrived witchhunt, I'd like to remind them that Berger agreed to the test. That was part of the deal so that Justice could find out exactly the documents he pilfered. These people--the members of Congress demanding answers--have a right to make this call. They want to know what Berger prevented the 9-11 Commission from seeing or knowing about.

This theft wasn't an absent-minded mistake, as Berger claimed. It was a calculated effort to remove documents of vital importance to the 9-11 Commission regarding the Clinton Administration's handling of terrorism efforts post-Millenium Bomber plot. We know that the documents deal witrh the Millenium After Action Report because the NARA investigation stated this fact. They had suspicions that he was removing documents, and set him up to catch his thievery. They marked and catalogued the documents they handed him, and after he left they checked their records. Byu NARA's own statements, these documents deal with the MAAR.

What, exactly, the value of those documents provide has yet to be determined because Berger hasn't told anyone. Hence the demand for a lie detector test. That's why it was part of the plea deal, and that's what these lawmakers want to see. And I can understand their irritation with Justice on this matter. For the last couple of years, Justice should have moved on a number of possible cases, including the prosectuion of NY Times editor Bill Keller, and reporters James Risen and Eric Lightblau for blowing not one, not two, but THREE classified government programs used as tools against terrorism.

It should be noted that in the currently ongoing AIPAC case, the judge dismissed the defenses claim that those charged were engaged in an act of speech, and therefore couldn't be prosecuted. The judge killed that argument, and cleared the way for the prosecution of the Times people, but Justice hasn't moved on that either. They still have an investigation going on regarding who leaked the information. It's dirt simple guys. Put those three on the stand, and get their source. If they choose to clam up, I hope they enjoy jail. National security isn't a game, and Justice seems to be treating it that way.

Get Berger's @$$ in Justice, hook him up, and start grilling him. I hope this letter causes Justice to pull it's thumb out of it's collective butt, and start acting. If ANY OTHER person had not adhered to the terms of their plea agreement, they'd be behind bars. Get this test over with, or put Berger where he belongs--in jail.

Publius II

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