Berger—who was serving as an informal adviser for John Kerry’s presidential campaign before news of the scandal broke—was appointed as the official from the Clinton administration who would review relevant documents requested by the 9/11 commission. He also served as a witness for the commission, and reviewed records at the Archives in preparation for his testimony.

Berger has stated that he reviewed thousands of documents, but it was, apparently, Richard Clarke’s so-called “after-action report” that piqued his interest. The report is harshly critical of the Clinton administration’s handling of the millennium terrorist plot to bomb Los Angeles International Airport, among other targets, in late 1999. Berger is accused of taking multiple copies of this report on multiple days. In fact, this is the only document that Berger is reported to have taken, raising question marks about his “honest mistake” theory.

Earlier this year, the FBI served warrants on Berger’s home and office, but Berger said he could not locate two or three copies of the aforementioned millennium terror report. He says that when the Archives told him that there were documents missing, he immediately returned everything he had except for a few that he apparently “had accidentally discarded.” The Justice Department is currently investigating whether Berger’s actions were criminal. Berger’s lawy