http://news.yahoo.com/news?tmpl=story&cid=542&u=/ap/20050331/ap_on_go_ca_st_pe/berger_probe_3&printer=1

I don't understand why this is just a misdemeanor.

Probably because he didn't do anything with them, but I don't know for sure.

I don't know if it's extreme loyalty on Berger's part or just the feeling that he could get away with it. But it seems that Berger is someone who will go to jail to save Clinton from being seen as being an utterly and completely irresoponsible ass when it came to national security.