http://www.dailykos.com/story/2006/1/18/0123/19468The above link is written by a person who sent a Freedom of Information Act request to the National Security Agency to ask for any records they collected on him in their intercepts. NSA wrote back that because of an Executive Order citing national security (very Nixonian), they don't have to tell him whether or not they have files on him.
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One radio commentator had a completely different angle on the illegal intercept issue. Remember J. Edgar Hoover? He got his power from having secret files on everyone. He knew who was sleeping with whom, who was gay, etc. If someone tried to replace him as FBI director or do something Hoover didn't like, all Hoover needed to do was let the guy know that Hoover had a secret file on the guy in his desk drawer.
Almost everyone has something they would rather keep hidden.
The same thing could be happening today. Oh, you don't want to vote for the Alito nomination? Well, would you like the voters to know about that gay lover you have in Terre Haute?