January 29, 2007

SANDY BERGER UPDATE:

Philip Zelikow and Daniel Marcus, respectively the executive director and general counsel of the 9/11 Commission, told Mr. Davis’s investigators that they were never told Mr. Berger had access to original classified documents for which no copies existed. Had he known, Mr. Zelikow says, he would had “grave concern.”

As it was, the 9/11 Commission was not informed of any investigation of Mr. Berger’s alleged tampering with documents until only two days before his testimony, and then in only the most vague terms. Not only were the 9/11 Commission not told that Mr. Berger had access to original documents; they were affirmatively led to believe that the commission got all the documents that Mr. Berger took. Both Mr. Zelikow and Mr. Marcus understood Justice to mean that there was no way Mr. Berger had taken any other documents. An investigator for the House Oversight and Government Reform Committee bluntly told Fox News last week: “The Justice Department lied to the 9/11 Commission about Sandy Berger. That is a fact.” A Justice Department spokesman still insists it “has no evidence that Sandy Berger’s actions deprived the 9/11 Commission of documents.” But that raises the question: How hard did Justice look for such evidence?

The 9/11 Commission wishes it had known answers to that and more. It’s time that Congress and the public learn why the Berger scandal was treated so nonchalantly.

I think there’s more to this than we know, so far.