Gee, you're right, by that logic OJ is "innocent," too.
Edited to address YOUR edit: It was NOT "his" work, it was outside his area specifically BECAUSE they were in the process of revoking his clearance. He had no legitimate businessA posessing the classified material at all, let alone off premises. Also, whenever I take work home (said work not being ILLEGAL to take off premises, unlike Lee, no matter what "others" do) I tend to KEEP it, because I had a legitimate use for it, I retain it. He will not reveal the location of the classified material, therefore he was NOT just doing homework.
Also, "everyone else does it, too" is neither a defense to a speeding ticket nor spying.
Lastly, that claim was his "defense" or at least a part of it, don't believe everything that comes out of the mouth of guys facing massive prison time.