but they fought it successfully for years...
basically, a leak said Safire was being tapped, and he pursued it in court.
http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB123/Washington, D.C., May 26, 2004 - Five years after the National Security Archive initiated legal action to compel the State Department and the National Archives to recover the transcripts of Henry Kissinger's telephone calls from his "private" collection at the Library of Congress, the National Archives today released approximately 20,000 declassified pages (10 cubic feet) of these historic records, spanning Kissinger's tenure under President Nixon from 1969 to August 1974 as national security adviser and also as secretary of state beginning in September 1973.
snip
In the late 1970s, a reporter
and two organizations sued to gain access to the telcons under the Freedom of Information Act (FOIA). The federal district court and the US court of appeals both ruled that the documents were government records becuase they were prepared on government time by government employees. These lower courts stated that the State Department telcons should be returned to the State Department and reviewed for release under FOIA. In 1980, the Supreme Court, in Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136 (1980), reversed the decision, ruling that the FOIA did not apply to the telcons because they were outside of the Executive branch. The Court noted, however, that the Federal Records Act (FRA) provided authority for the Archivist of the United States, the agency head, and the Attorney General to recover improperly removed records. Accordingly, at the National Archive's behest, then Secretary of State Edmund Muskie agreed in 1980 to re-review the telcons at the LC for possible return to State, However, that review never took place. In 2001, Dr. Kissinger, upon request from NARA and the State Department following inquiries from researchers , gave both agencies copies of the transcripts held at LC. NARA photocopied the collection held at LC and began processing it for public release. The State Department is reviewing its collection and will release it at a later time.