America First Legal (AFL) has secured a preliminary injunction in its lawsuit against the Biden-Harris Administration, alleging illegal destruction of Centers for Disease Control and Prevention (CDC) employee emails in violation of the Federal Records Act. The court's order mandates that the CDC cease deleting employee emails and requires Attorney General Merrick Garland to collaborate with the National Archivist to recover deleted emails and ensure compliance with federal law.
The legal dispute began on February 3, 2023, when AFL requested records concerning the CDC’s support for teacher-led indoctrination of children with radical gender ideology. AFL was informed by the CDC that it routinely deletes emails of nearly all employees thirty days after their departure from the agency.
Following this revelation, AFL contacted the U.S. Department of Health and Human Services’ Office of Inspector General and the National Archives and Records Administration (NARA), seeking an investigation into this policy. NARA investigated but concluded that since "CDC instructs individual email account holders to apply retention based on the email’s content value," they considered the matter closed.
Dissatisfied with NARA's position, AFL filed a lawsuit on April 17, 2024, against HHS and NARA under the Federal Records Act for permitting unlawful deletion practices at the CDC.
The recent court ruling enjoins the CDC from deleting or destroying former non-Capstone employees' emails until established time periods have passed or pending further court orders upon approval by the Archivist. Additionally, NARA must seek assistance from Attorney General Merrick Garland and notify Congress to recover illegally deleted records and enforce compliance.
Gene Hamilton, Executive Director of America First Legal, commented: “The Biden-Harris Administration was actively destroying records at the CDC in blatant violation of the law–and we are pleased that the U.S. District Court for the District of Columbia has ordered a stop to their illegal conduct."
Hamilton added that while no invasive searches or raids were conducted on CDC employees' homes as had occurred in other instances involving President Trump, he emphasized concerns over what he described as a "two-tiered justice system" in which government officials can circumvent laws without repercussions while civilians face political persecution.
###