Berger resigned as national security adviser to John Kerry's presidential campaign in July, after word of the Justice Department investigation document probe leaked to the press.

At the time, Deputy Attorney General James Comey predicted that the former Clinton official would face harsh consequences.

"It is against the law for anyone to intentionally mishandle classified information, either by taking it to give to somebody else, or by mishandling in a way that is outside the regulations of government information," Comey told reporters.

"We take issues of classified information very, very seriously," he said, adding, "All felonies in the federal system bring with them the promise of jail time, that's all I can say about that."

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