** FILE ** This Tuesday Nov. 7, 2006, file photo shows the late U.S. Sen. Robert C. Byrd, D-W.Va., as he speaks upon winning his ninth term, in Charleston, W.Va. Byrd created a stir in the mid-1960s within the nation's intelligence community when he obtained secret FBI reports leaked by the CIA. (AP Photo/Jeff Gentner, File)

Photo by: Jeff Gentner

** FILE ** This Tuesday Nov. 7, 2006, file photo shows the late U.S. Sen. Robert C. Byrd, D-W.Va., as he speaks upon winning his ninth term, in Charleston, W.Va. Byrd created a stir in the mid-1960s within the nation's intelligence community when he obtained secret FBI reports leaked by the CIA. (AP Photo/Jeff Gentner, File)