Former National Security Adviser Berger Agrees to Disbarment

WASHINGTON — Sandy Berger, the Clinton White House national security adviser who was caught removing highly classified documents from the U.S. Archives, has consented to disbarment.

In an agreement filed in the District of Columbia Court of Appeals to be finalized as soon as Thursday, Berger agreed to forfeit his license to practice law but avoided cross-examination before the Board on Bar Counsel and further disclosure of details of his misconduct.

The two-page agreement states that Berger "acknowledges that the material facts upon which the allegations of misconduct are predicated are true" and that he "could not successfully defend against them."

The former White House official was convicted of illegally removing documents from the Archives in 2005 as he was preparing to testify before the national commission investigating the terrorist attacks of Sept. 11, 2001.

Berger was fined $50,000 and sentenced to 100 hours of community service in 2005. He was ordered to undergo a polygraph test if asked. The Justice Department has declined to ask him to take the test, despite urging by Rep. Tom Davis of Virginia, the top ranking Republican on the House Committee on Oversight and Governmental Reform.

Davis charged that investigators failed to ask Berger about two of his four visits to the Archives and "apparently gave him a free pass due to his stature."

The department, in a letter to Davis earlier this year, said, "We believe there are no facts that would justify a polygraph of Mr. Berger at this time."

Davis' spokesman, Brian McNicoll, said Wednesday that Berger's decision to accept disbarment rather than face questions "does seem to cast doubt on claims by Mr. Berger and the Department of Justice that he need not complete the terms of his plea agreement and submit to a polygraph because he has revealed everything of significance he has to offer."

In a statement released by his attorney, Berger said he had expected his law license to be affected when he pleaded guilty to criminal charges three years ago.

"While I derived great satisfaction from years of practicing law, I have not done so for 15 years and do not envision returning to the profession," he said. "I am very sorry for what I did, and I deeply apologize."