WASHINGTON, D.C. – Yesterday, America First Legal (AFL) filed a lawsuit against the U.S. Department of Health and Human Services (HHS) concerning the concealment of federal records related to Dr. David Morens, former Senior Advisor to the Director of the National Institute of Allergy and Infectious Disease (NIAID). Dr. Morens used a personal email address for official government business, prompting AFL to take legal action.
The lawsuit is based on allegations that Dr. Morens intentionally subverted federal custody by using his personal email for official purposes, as highlighted by a statement from AFL. The organization has previously taken legal action against the federal government for similar offenses, including the illegal deletion of emails by former CDC employees.
According to recent whistleblower allegations, Dr. Morens used his personal email to conceal conversations regarding the origins of COVID-19 and evade federal transparency laws. In one email, Dr. Morens admitted to preferring Gmail for communication to avoid constant scrutiny under the Freedom of Information Act (FOIA).
Furthermore, Dr. Morens mentioned in an email that his Gmail account was hacked, leading him to revert to using his NIH account for sensitive matters. Despite this, he assured his contacts that he would selectively delete information to prevent its exposure.
These revelations indicate a deliberate attempt by Dr. Morens to circumvent federal records retention and transparency laws, potentially engaging in the unlawful destruction of government records. AFL has been pursuing the retrieval of documents that Dr. Morens attempted to destroy or remove from federal custody, leading to the recent legal action against HHS.
In response to the situation, America First Legal Vice President Dan Epstein criticized the Biden Administration for what he perceives as a failure to uphold accountability in federal record-keeping. Epstein highlighted the illegal nature of using personal email for official government business to bypass FOIA regulations, emphasizing the need for transparency and adherence to the law.
The lawsuit filed by AFL against HHS underscores the ongoing concerns regarding the handling of federal records and the implications of using personal email accounts for official government communication.