By now, most bloggers know about the burglary of the home of author Gary Nicosia, in which thousands of pages of Senator Kerry's FBI files were stolen. (Actually, some have called it "second rate".... but bear in mind that Watergate was called "third rate"....)

Will anyone invoke "national security" concerns?

As to Nicosia's credibility, it should be noted that he is a Kerry supporter who is nonetheless dedicated to the truth. (I have checked out his web site, and the guy appears very much on the level.)

"I am in kind of an awkward position here. I am a Kerry supporter and I certainly don't want to do anything that hurts him. On the other hand, my number one allegiance is to truth. So I am going to go with where the facts are, and John is going to have to deal with that," Nicosia said.

"I am having some problems with the things he is saying right now, which are not matching up with accuracy," he added.

According to this account, Nicosia describes the purloined files as "very explosive."

There's also a good summary here.

If Nicosia obtained these documents from the FBI pursuant to a 1999 Freedom of Information request, I am puzzled over why the burglars would think that stealing them would really accomplish much. Because if Nicosia got the documents, then anyone else could.

Or could they?

Can we assume that what was there in 1999 is still there today? And furthermore, since September 11, FOIA requests have been made much tougher:

Attorney General John Ashcroft has issued a new statement of policy that encourages federal agencies to resist Freedom of Information Act (FOIA) requests whenever they have legal grounds to do so.

The new statement supersedes a 1993 memorandum from Attorney General Janet Reno which promoted disclosure of government information through the FOIA unless it was "reasonably foreseeable that disclosure would be harmful."

The Ashcroft policy rejects this "foreseeable harm" standard.

Instead, the Justice Department instructs agencies to withhold information whenever there is a "sound legal basis" for doing so.

"When you carefully consider FOIA requests and decide to withhold records, in whole or in part," the Attorney General advised, "you can be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis...."

Or would that be an unintended consequence?