Judge calls CDC's email deletions of departing staff ‘likely unlawful’ and orders halt
A legal group aligned with Trump secured a ruling that blocks the records policy of the health agency.
TroibNews 
A federal judge ruled on Friday that the CDC has likely been violating federal law for years by systematically deleting emails from lower-level employees.
U.S. District Judge Rudolph Contreras issued the ruling in response to a lawsuit brought by a legal group associated with former President Donald Trump. The decision includes an order mandating that the public health agency immediately cease the email deletions.
“The Court concludes that CDC’s policy and practice of disposing of former employees’ emails ninety days after the end of their employment is likely unlawful,” Contreras stated in a 36-page opinion.
Judge Contreras, appointed by Obama, found that the CDC had been implementing a records-retention policy not approved by the National Archives. This policy resulted in the deletion of lower-level employees’ emails 90 days after their departure, instead of adhering to the three-to-seven-year retention period stipulated by standard National Archives procedures.
Contreras noted that the CDC, along with other agencies within the Department of Health and Human Services, had adopted a National Archives protocol known as Capstone. This protocol mandates the permanent preservation of senior officials’ emails and sets retention periods of three to seven years for lower-level employees' emails. While the CDC claimed it had only partially adopted the Capstone approach, Contreras pointed out that the agency appeared to have fully embraced it before selectively abandoning parts without approval.
“The available evidence suggests that CDC did indeed commit to manage and dispose of its employees’ emails pursuant to the [Capstone] schedule,” wrote Contreras. “Because CDC disposed of former employees’ email records pursuant to a schedule that was not approved by the Archivist, it is likely that … records removed or deleted under the CDC’s unapproved policy were removed or deleted unlawfully.”
Contreras also highlighted that, under existing federal recordkeeping laws, the National Archives should have referred the issue to the Justice Department but did not do so.
Representatives for the DOJ and the Archives did not immediately provide comments, and a CDC spokesperson also had no immediate remark.
The issue surfaced last year when the Trump-aligned America First Legal Foundation filed a Freedom of Information Act request for records related to a CDC publication titled “LGBTQ Inclusivity in Schools: A Self-Assessment Tool.” After negotiations, the CDC acknowledged three employees who worked on the document but noted that two had left the agency and their emails had likely been destroyed.
Challenging the CDC's recordkeeping as unlawful, America First Legal urged Contreras to issue a "preliminary injunction" to halt the deletion of employee emails until the court could determine the legality of the CDC's process. By granting the injunction, Contreras indicated that he believes the Trump-aligned group is likely to win the case.
“The Biden-Harris Administration was actively destroying the records of federal employees 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,” stated America First Legal’s executive director Gene Hamilton. “The Biden-Harris Administration’s politicization of records management must end.”
Ian Smith contributed to this report for TROIB News
U.S. District Judge Rudolph Contreras issued the ruling in response to a lawsuit brought by a legal group associated with former President Donald Trump. The decision includes an order mandating that the public health agency immediately cease the email deletions.
“The Court concludes that CDC’s policy and practice of disposing of former employees’ emails ninety days after the end of their employment is likely unlawful,” Contreras stated in a 36-page opinion.
Judge Contreras, appointed by Obama, found that the CDC had been implementing a records-retention policy not approved by the National Archives. This policy resulted in the deletion of lower-level employees’ emails 90 days after their departure, instead of adhering to the three-to-seven-year retention period stipulated by standard National Archives procedures.
Contreras noted that the CDC, along with other agencies within the Department of Health and Human Services, had adopted a National Archives protocol known as Capstone. This protocol mandates the permanent preservation of senior officials’ emails and sets retention periods of three to seven years for lower-level employees' emails. While the CDC claimed it had only partially adopted the Capstone approach, Contreras pointed out that the agency appeared to have fully embraced it before selectively abandoning parts without approval.
“The available evidence suggests that CDC did indeed commit to manage and dispose of its employees’ emails pursuant to the [Capstone] schedule,” wrote Contreras. “Because CDC disposed of former employees’ email records pursuant to a schedule that was not approved by the Archivist, it is likely that … records removed or deleted under the CDC’s unapproved policy were removed or deleted unlawfully.”
Contreras also highlighted that, under existing federal recordkeeping laws, the National Archives should have referred the issue to the Justice Department but did not do so.
Representatives for the DOJ and the Archives did not immediately provide comments, and a CDC spokesperson also had no immediate remark.
The issue surfaced last year when the Trump-aligned America First Legal Foundation filed a Freedom of Information Act request for records related to a CDC publication titled “LGBTQ Inclusivity in Schools: A Self-Assessment Tool.” After negotiations, the CDC acknowledged three employees who worked on the document but noted that two had left the agency and their emails had likely been destroyed.
Challenging the CDC's recordkeeping as unlawful, America First Legal urged Contreras to issue a "preliminary injunction" to halt the deletion of employee emails until the court could determine the legality of the CDC's process. By granting the injunction, Contreras indicated that he believes the Trump-aligned group is likely to win the case.
“The Biden-Harris Administration was actively destroying the records of federal employees 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,” stated America First Legal’s executive director Gene Hamilton. “The Biden-Harris Administration’s politicization of records management must end.”
Ian Smith contributed to this report for TROIB News
