The documents were classified "Top Secret."
At trial, I think Burger elocuted. Not sure if the trial was open or in camera. If I remember correctly, he said that he needed those particular documents so that he could refer to them as he thought (incorrectly) that the 9/11 Commission had access to all of the documents and that he needed to have them when he returned for testimony. That's just from memory.
If the documents were not cataloged that is a clear violation of the law.
Returning to the classification, that disturbs me. I do not think that every damned piece of paper in the White House should get a security classification. The public should have access to deliberative papers at some point. Every damned administration since roosevelt has used that process to hide things from the people. Some things need hiding, most don't.
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