A bit more on the Berger story.

As far as I can tell, my comments from last night stand. Notes taken from classified documents are themselves classified, unless and until they are cleared as containing no classified information. That at least appears to be the standard procedure.

However, it seems equally clear that the surfacing of this matter is the product of a malicious leak intended to distract attention from the release of the 9/11 commission report.

Consider the timing.

According to this article in the Post, the National Archives began investigating this matter in October and then referred it to the FBI in January. That is, needless to say, at least six months ago. The article also notes that the FBI has yet to interview Berger, which suggests that the investigation has not reached a critical stage, for good or ill, that would have brought it to light now.

The most obvious, and probably the only, explanation of this leak is that it is intended to distract attention from the release of the 9/11 report due later this week. That would be yet another example of this administration's common practice of using the levers of executive power (law enforcement, declassification, etc.) for partisan purposes.

That doesn't mean Berger doesn't have any explaining to do. The two points are not exclusive of each other.