Judge orders CDC to stop deleting emails of departing staff: 'likely unlawful'
A federal judge ruled that the CDC likely violated federal law by deleting employee emails without proper authorization, prompting a lawsuit and a preliminary injunction to halt the deletions.
Read original articleA federal judge has ruled that the Centers for Disease Control and Prevention (CDC) likely violated federal law by systematically deleting emails of lower-level employees after their departure. U.S. District Judge Rudolph Contreras issued the ruling in response to a lawsuit from the America First Legal Foundation, a group aligned with former President Donald Trump. The judge found that the CDC's practice of disposing of emails 90 days post-employment was not approved by the National Archives, which mandates a retention period of three to seven years for such records. The CDC had adopted a records-retention policy known as Capstone, which requires the preservation of senior officials' emails permanently and sets specific retention periods for lower-level employees. Contreras noted that the CDC appeared to have abandoned part of this policy without proper authorization. The ruling comes after the CDC was challenged over the destruction of emails related to a publication on LGBTQ inclusivity in schools. The America First Legal Foundation argued that the CDC's practices were unlawful and sought a preliminary injunction to halt the deletions. The judge's decision to grant this injunction suggests that the plaintiffs are likely to succeed in their case. The CDC has not yet commented on the ruling.
- A federal judge ruled the CDC likely violated federal law by deleting employee emails.
- The CDC's email deletion policy was not approved by the National Archives.
- The ruling was prompted by a lawsuit from a Trump-aligned legal group.
- The judge granted a preliminary injunction to stop the CDC from deleting emails.
- The case centers on records related to a CDC publication on LGBTQ inclusivity.
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It would have been possible to retrieve a point-in-time snapshot from a monthly backup, and that did happen a couple of times.
FOIA is a blessing, and does more for investigative journalist than almost anything else, but it doesn't work when our government is allowed to illegally covers its tracks.
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