America First Legal Investigates Dr. Fauci’s Evasion of the Freedom of Information Act by Illegally Using a Private Email for Official Business

WASHINGTON, D.C. – Today, America First Legal (AFL) filed a Freedom of Information Act (FOIA) request with the National Institutes of Health (NIH), seeking official emails that Dr. Anthony Fauci sent or received through a private Gmail account. 

New evidence uncovered by the House Select Subcommittee on the Coronavirus Crisis shows that Dr. Morens (Dr. Fauci’s top advisor) wrote in an email, “I forgot to say there is no worry about FOIAs. I can either send stuff to Tony [Fauci] on his private gmail, or hand it to him at work or at his house. He is too smart to let colleagues send him stuff that could cause trouble.”  

After a hearing before the House Select Subcommittee on the Coronavirus Crisis on May 23, 2024, the committee issued a press release explaining its finding that “Dr. Fauci was aware of Dr. Morens’ nefarious behavior and may have even engaged in federal records violations himself.” Despite the fact that he appears to have been using his personal account to conduct government business, official emails remain subject to FOIA, no matter what account they are stored in, and AFL is committed to uncovering them.

In July of last year, AFL filed a similar FOIA request for tr. David Morens’s emails after it became clear that he had been using his personal email to conduct official business at the NIH. NIH stonewalled that request, and AFL filed suit earlier this month. 

Despite NIH leadership’s apparent confusion on this point, compliance with the Freedom of Information Act is not optional. AFL is determined to recover any and all records that Dr. Fauci has hidden from public view.

Statement from Gene Hamilton, America First Legal Vice President and General Counsel:

“Every American citizen who lived through the COVID years understands what’s at stake. Time and again, we were repeatedly told one thing, only to have it later revealed as completely inaccurate. Our society was subjected to unprecedented social controls, and our daily lives were subjected to the whims of bureaucrats, the chief of whom was Tony Fauci. Given these credible allegations, we must ask ourselves, what did he have to hide? America First Legal has exposed practices throughout the Biden Administration of destroying federal records that would otherwise reveal politicized, potentially illegal activities by bureaucrats behaving badly–and we will do so here,” said Gene Hamilton.

Read the FOIA here.

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