A U.S. district judge has ruled that the Centers for Disease Control and Prevention (CDC) has been violating federal record retention laws by improperly deleting the emails of former employees.

The judge has ordered the Biden-Harris CDC to immediately halt this practice of deletion and comply with the National Archives protocol known as Capstone, as the Washington Examiner reports.

CDC Found in Violation of Record Retention Rules

The ruling came after America First Legal (AFL), a watchdog group aligned with former President Donald Trump, filed a lawsuit against the Biden-Harris administration. The complaint, filed in April, challenged the administration's handling of email records at the CDC.

The issue came to light following a Freedom of Information Act (FOIA) request concerning a CDC publication titled "LGBT Inclusivity in Schools: A Self-Assessment Tool." During the legal process, it was revealed that two of the three employees involved in the project had left the CDC, and their emails had been deleted.

The CDC disclosed that it routinely deletes most employees' emails 30 days after they leave the agency. This revelation prompted the court case and subsequent ruling.

Judge Issues Ruling Against CDC Practices

In his 36-page opinion, Judge Rudolph Contreras found that the CDC’s practice of deleting former employees' emails 90 days after their employment ends is likely unlawful. He ruled that the CDC must stop deleting emails of former lower-level employees for at least three years to align with Capstone guidelines.

Capstone guidelines mandate that emails of senior officials be permanently preserved and emails of lower-level employees be saved for a period between three and seven years. Judge Contreras noted that the CDC had committed to being fully compliant with Capstone but did not adhere to the protocol without seeking necessary permissions.

According to Judge Contreras, the CDC’s commitment to these guidelines and their subsequent failure to follow through was evident. He stated, "The available evidence suggests that CDC committed to implementing GRS 6.1 to manage the emails of all of its employees."

Judge Criticizes National Archives

The judge also criticized the National Archives and Records Administration (NARA) for not referring the CDC's unlawful record-keeping practices to the Department of Justice. He emphasized that NARA should work with Attorney General Merrick Garland to recover the illegally deleted records and enforce compliance going forward.

Judge Contreras highlighted, "NARA approved of CDC’s full implementation of GRS 6.1." This means NARA was aware of the CDC's commitment to Capstone protocols but had not acted upon the CDC's non-compliance.

Reaction from America First Legal

Gene Hamilton, America First Legal’s Executive Director, expressed satisfaction with the ruling. "The Biden-Harris Administration was actively destroying the records of federal employees at the CDC in blatant violation of the law," Hamilton said.

Hamilton further remarked on the consequences, adding, "We are pleased that the U.S. District Court for the District of Columbia has ordered a stop to their illegal conduct."

In a pointed statement, Hamilton concluded, "The Biden-Harris Administration’s politicization of records management must end."

Implications of the Ruling

The court's decision marks a significant moment in the ongoing debate over federal record-keeping practices and transparency. It underscores the importance of adhering to established protocols to ensure proper documentation and accountability within federal agencies.

This ruling not only affects the CDC but also sends a clear message to other federal entities about the critical importance of compliance with records retention laws.

Next Steps for Compliance

The CDC must now undertake a review of its record-keeping practices and align them with Capstone requirements. Additionally, they will need to work closely with NARA and the Department of Justice to recover any records that were improperly deleted.

This case also raises questions about the efficacy of oversight bodies like NARA and their role in ensuring federal agencies follow through with their commitments to lawful record retention procedures.

In the coming months, further actions by NARA and the Department of Justice will determine the long-term impacts of this ruling and how strictly other agencies will adhere to similar guidelines going forward.

Overall, this ruling underscores the judiciary’s role in maintaining governmental accountability and ensuring federal agencies follow the law in preserving records.