The House committee report said Berger was never given a polygraph test despite having agreed to it as part of his plea bargain with the Justice Department in 2005.
This seems like a weird case where a House committee did a better job of investigating than the Justice Department. Of course, I suspect that the Justice Department still has a lot of Clinton apparatchiks in it, despite six years of a Republican White House. That doesn’t explain the Attorney General’s behavior, though.