In a significant legal setback for the Centers for Disease Control and Prevention (CDC), a federal judge ruled on Friday that the agency's practice of deleting emails of departing employees within 90 days is likely unlawful. The ruling, issued by U.S. District Judge Rudolph Contreras, comes after a lawsuit was brought by America First Legal, a legal group allied with former President Donald Trump.
Judge Contreras, an Obama appointee, found that the CDC's email deletion policy violated federal record-keeping laws. Specifically, the CDC failed to obtain approval from the National Archives for its records retention schedule, which should have mandated a three-to-seven-year retention period for employee emails. Instead, the CDC was systematically deleting these emails just 90 days after employees left the agency, potentially erasing vital records that are required by law to be preserved.
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This decision stems from a broader controversy surrounding the CDC's record management practices. The case was initiated when America First Legal filed a Freedom of Information Act (FOIA) request concerning a CDC publication titled “LGBTQ Inclusivity in Schools: A Self-Assessment Tool.” During the process, the CDC revealed that emails from two of the three employees involved had likely been destroyed, sparking the lawsuit that led to Friday's ruling.
The judge’s ruling imposes a preliminary injunction, effectively stopping the CDC from continuing to delete these emails until the court reaches a final decision on the legality of the practice. This move suggests that the court believes America First Legal is likely to prevail in its case against the CDC.
After Humphries mentioned the manual blood culture process on a CDC call about the shortage, “I had at least 20 different people email me to ask for the protocol for how to do that because they’re worried they’re going to get to that point,” she told STAT.https://t.co/Cn6SLOk9OE
— Brittany Trang (@brittanytrang) August 2, 2024
The implications of this ruling are significant, as it raises questions about how many critical records may have already been lost due to the CDC's unapproved policy. Federal law mandates that certain records, especially those related to government operations and public health, be retained for specific periods to ensure transparency and accountability. The CDC’s failure to comply with these standards, according to the court, could have led to the unlawful destruction of crucial documents.
America First Legal, which has been involved in several high-profile legal battles challenging federal policies, hailed the ruling as a victory against what it described as the Biden administration’s attempts to politicize federal agencies. Gene Hamilton, executive director of America First Legal, claimed that the CDC’s practices were part of a broader effort by the administration to destroy records that could be politically damaging.
The CDC has not yet commented on the ruling, and it's unclear whether the agency will appeal the decision. This case is part of a broader trend of litigation targeting federal health agencies, which have faced increasing scrutiny and legal challenges over their actions during the COVID-19 pandemic. In recent years, the CDC has been involved in numerous lawsuits, many of which accuse the agency of overstepping its legal authority, particularly in its pandemic response measures.
As legal battles over the CDC's practices continue to unfold, this ruling underscores the ongoing tension between federal agencies and legal groups challenging their authority. The outcome of this case could have far-reaching consequences, not only for the CDC but also for other federal agencies that rely on similar records management practices.
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