“Voluntary disbarrment”, the D.C Court Of Appeals calls it. I call it, “allowing one to quit one’s profession”. Does the punishment fit the crime in Sandy Berger’s case; the crime, of course, being Berger’s willful removal of classified national security information from the Archives? Surprisingly, and to my great dismay, it could very possibly amount to a rather harsh penalty for a civilian despite the fact a soldier could technically be put to death for that same infraction…

To better understand my last statement, let us turn first to a “snippet” from a NRO article from last year, written by Robert Moran – The National Review Online, April 11th, 2005:

“… The maximum penalty for this crime, a misdemeanor, is currently one year of jail time and $100,000 fine. …”

So, let’s see; Berger had his security clearance revoked for three years, he offered to quit “lawering” via “voluntary disbarrment” (which was accepted), was fined half of the maximum @ fifty grand, and did NO jail time at all. For committing a mere misdemeanor, one COULD argue Berger had the proverbial “book” thrown at him. I’m not sticking up for Sandy Berger, by the way; I agree with the NRO’s Robert Moran, who says the penalties and the severity of this crime should be made MUCH harsher than they currently are, and I would argue they should be at least as severe for public officials as it is for our men and women in uniform. Unlike Moran, I wouldn’t leave it up to the Republicans to “fix” it; I would leave it up to our legislators in general, who should all be on the same page in this one…

And now, for your continued reading pleasure, let’s take a look at the latest from The Washington Post:

A Lawyer No More
Berger Is Disbarred After Archives Case

Carol D. Leonnig

Samuel R. “Sandy” Berger, a national security adviser to President Bill Clinton, was voluntarily disbarred from the practice of law yesterday by the D.C. Court of Appeals.

Berger agreed last month to relinquish his law license to the D.C. Board on Professional Responsibility, a part of the D.C. Bar, rather than submit to an investigation by the bar’s counsel of his removal of classified documents from the National Archives. A three-member panel of the D.C. appellate court accepted his offer.

Berger pleaded guilty in April 2005 to taking classified material without authorization, a misdemeanor. As part of the plea agreement, Berger admitted he lied to Archives staff about taking copies of national security documents out of the building. He was fined $50,000 and barred from access to classified material for three years. …”

Well, like it or lump it, it is what it is, and, apparently, to answer the first question I raised — the punishment does, indeed appear to fit the crime here; particularly when taking into account the fact that this fellow Citizen had (to the best of my knowledge) a previously clean record. I don’t much like it, but fair is fair; that is; until such time our politicians on Capitol Hill address this ridiculous “loophole” that allows them to play around with classified information for personal and/or political gain at will, knowing full-well that a precedence has now been set for them to receive a slap on the wrist with no prison time with no permanent removal of their security clearances.

In the meantime, the Feds should leave “Sandy Burgler” (as Rush Limbaugh calls him) alone. He has had the book thrown at him according to the laws in the books, and what should have been the crime of treason was a simple misdemeanor. Let us now turn to our elected representatives to “fix” the little “loophole” they’ve created by themselves, of themselves, and for themselves…

CLICK HERE to get started on it. Oh, and believe me, I wouldn’t ask you all to do something I didn’t do myself. I wrote both my Congressman and Senator about this, and believe you should consider doing the same — you’ll feel great afterward, for actually PARTICIPATING RESPONSIBLY in your own Democracy…

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GTL’s favorite reactions, courtesy of Technorati: Donklephant; Law Blog (WSJ)

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