Breuer said also that Berger deliberately removed handwritten notes that he made during three additional visits to the Archives last fall to review classified documents.

Breuer said removing those notes was a violation of National Archives policy, and that Berger regretted the action. "He knew it was a technical violation, and he admits that it was an error in judgment."

But according to New York civil rights lawyer Ron Kuby, Berger's decision to remove his notes wasn't just a "technical violation."

"You're not permitted to remove anything from that room - period," he said Tuesday morning. "And that means even your notes. If you're taking notes about classified information, those notes are now classified. They're placed in a secure area. You can have access to them only while being viewed by a security officer. Nothing gets removed."

Even if Berger had removed only his personal notes on classified material, it would still be a crime, said Kuby, who learned about classified reading room procedures during his own involvement in a mob-related money laundering trial.

Editor's note: