Berger has admitted he took classified documents -- some of which he himself wrote -- from the National Archives while preparing material for the commission looking into the Sept. 11, 2001, terrorist attacks, and the FBI has confirmed he is being investigated.
"Mr. Berger does not want any issue surrounding the Sept. 11 commission to be used for partisan purposes," said his lawyer, Lanny Breuer.
Reports have begun circulating Berger had stuffed classified documents and/or his handwritten notes into his jacket, his pants and even his socks.
Berger has acknowledged taking the documents, but insisted that he unintentionally put them in his portfolio. He also has admitted carrying out his own notes, but his attorney insisted that he did not try to do so surreptitiously by stuffing them in his pants.
If charged and convicted of the felony charge of mishandling classified documents, Berger could face 10 years in prison.