A nonprofit legal organization, the America First Legal Foundation (AFL), has filed a lawsuit against the Biden administration, specifically targeting the Department of Health and Human Services (HHS) and the National Archives and Records Administration (NARA). The lawsuit alleges that federal employees' emails are being regularly deleted in violation of the Federal Records Act.
The AFL, led by former Trump adviser Stephen Miller, accuses the HHS of unlawfully deleting official emails and violating federal record-keeping laws. The group also names NARA as a defendant, claiming that the agency is not effectively overseeing the preservation of federal records.
In a statement, AFL Vice President Dan Epstein expressed concerns about the lack of transparency and accountability in the government's handling of official records. The lawsuit is expected to have implications for Special Counsel Jack Smith's case against former President Trump, who is facing charges related to the mishandling of classified documents and presidential records.
The AFL's legal action stems from a records request filed under the Freedom of Information Act with the Centers for Disease Control and Prevention (CDC). The group sought information on the CDC's support for certain educational practices but was informed that most employee emails are deleted 30 days after departure from the agency.
Despite raising objections with NARA regarding the deletion of emails, the AFL claims that the agency allowed individual CDC employees to determine which emails could be deleted, contrary to federal record-keeping requirements. The AFL argues that this practice is inconsistent with federal law, which mandates the preservation of records containing essential information related to government activities.
The lawsuit highlights the ongoing challenges in ensuring compliance with federal record-keeping laws and the need for greater oversight to prevent the unauthorized destruction of official documents.
