'This will go nowhere': Internet weighs in as non-profit sues Biden admin over alleged unlawful deletion of federal emails

WASHINGTON, DC: The America First Legal Foundation (AFL), a nonprofit legal organization spearheaded by former Trump advisor Stephen Miller, launched a lawsuit against the Biden administration on Wednesday, April 17.

The lawsuit alleges that federal employees' emails have been unlawfully deleted, violating established statutes.

Violation of Federal Records Act

In a comprehensive complaint lodged in the US District Court for the District of Columbia, the AFL pointed fingers at the Department of Health and Human Services (HHS), accusing it of regularly purging official emails in breach of the Federal Records Act.

Additionally, the National Archives and Records Administration (NARA), responsible for overseeing the preservation of federal records, was named as a defendant in the lawsuit.

Dan Epstein, the Vice President of America First Legal, emphasized the importance of transparency and accountability in governmental actions. He remarked, "If the National Archives decides not to use the legal authorities it has regarding federal records, it certainly shouldn't make up legal authority that it doesn't have when it comes to presidential records."

"We expect our government to act in a transparent and accountable way and exercise equanimity when it decides to investigate certain allegations. We clearly haven't seen that in this case," Epstein added.

The lawsuit is poised to have significant implications for Special Counsel Jack Smith's ongoing case against former President Donald Trump. Smith is prosecuting Trump over his handling of classified documents and presidential records subsequent to his departure from the White House in early 2021.

Epstein argued that federal employees who routinely delete emails and records face no consequences, creating a double standard compared to Trump's situation.

The genesis of AFL's legal action can be traced back to a February 2023 records request made under the Freedom of Information Act with the Centers for Disease Control and Prevention (CDC). The request focused on records related to the CDC’s purported support for "teacher-led indoctrination of children with radical gender ideology."

Challenges with record retention

However, the AFL encountered resistance when a CDC officer revealed that the agency deletes most employee files 30 days after an employee leaves. "That is correct," the officer said in an email to the group. "Unless they were a capstone director/manager etc., it is my understanding all other employees’ emails are deleted 30 days after they leave the agency."

Despite AFL's efforts to address this with NARA, the agency's response was deemed unsatisfactory, after it said the matter was closed because the "CDC instructs individual email account holders to apply retention based on the email’s content value and its applicability to a NARA-approved records schedule."

It appears that NARA entrusts individual CDC employees to determine which emails can be deleted, a practice AFL deems inconsistent with federal law. "In effect, it appears that NARA entrusts individual CDC employees to decide which emails can be automatically deleted," the group said in a statement.

Federal law mandates that government agencies must "make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the Government and of persons directly affected by the agency’s activities."

AFL contends that NARA's approach is fundamentally at odds with this legal obligation. "You have maybe tens of thousands of government records every year that are destroyed without authority," Epstein told Fox News. "But when it comes to Donald Trump, he gets prosecuted. Everyone else who doesn't have to stand for election gets a free pass."

In response to the lawsuit, HHS Secretary Xavier Becerra and Archivist of the United States Colleen Shogan were named as defendants.

Internet says lawsuit will be 'swept under the rug'

The lawsuit sparked a flurry of reactions on social media, with many voicing their skepticism about the potential outcome.

"No one in the Federal government should have the ability to DELETE anything!" one posted on X.

"Wonder if anything will happen?!?! Doubt it. They will squash and ignore, as always!" another wrote.

"Yawning. This, like everything else for the Democratic Party, will go nowhere and will be swept under the rug. Unfortunate for justice," a comment read.

"Yeah, this will go nowhere," someone else offered.

"Seriously, Teflon Joe is held accountable for nothing," another lamented.

This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.