America First Legal Foundation v. Xavier Becerra, HHS, Colleen Shogan, and NARA

Case Number: 1:24-cv-1092

FOIA Litigation
April 2024
Status: Ongoing
FOIA Litigation

Problem:

America First Legal (AFL) has filed a lawsuit against Secretary Becerra, the U.S. Department of Health and Human Services (HHS), the Archivist of the United States, Colleen Shogan, and the National Archives and Records Administration (NARA) for illegally destroying CDC records, violating the Federal Records Act. In 2023, AFL sent a FOIA request regarding the CDC’s support for teacher-led indoctrination of children with radical gender ideology. In a routine email in response to this request, the CDC informed AFL that it deletes nearly all employee emails 30 days after they leave the agency. Although NARA investigated this following AFL’s request for an investigation, the matter was closed, citing CDC’s discretion over email retention. This practice of deleting records is in blatant violation of the Federal Records Act.

Action:

AFL sued Secretary Xavier Becerra, HHS, Archivist Colleen Shogan, and NARA for their complicity in and endorsement of the CDC’s illegal destruction of records.

Result:

This case is currently being litigated.

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