‘This Is Very Illegal’: Experts Say Fauci’s Top Aide Likely Broke The Law By Deleting Emails, Using Private Account
A top advisor for former National Institute of Allergy and Infectious Diseases (NIAID) Director Anthony Fauci may have illegally taken actions to avoid records requests, experts told the Daily Caller News Foundation.
David Morens, a former senior adviser to Fauci, both deleted emails to evade Freedom of Information Act (FOIA) requests and told people multiple times to contact him at his personal email address to get around such requests, according to emails released by the House Oversight Committee on Wednesday. Morens, in his emails, also suggested that Fauci used his private email address to conduct government business.
“This is very illegal,” Matthew Hardin, a lawyer specializing in issues related to FOIA, told the DCNF.
“The Federal Records Act has strict requirements for preserving agency records in the agency’s custody for various reasons, including for purposes of facilitating the agency’s compliance with the Freedom of Information Act,” he continued. “This means that anybody conducting agency business through a ‘secret’ back channel or through Gmail is still creating a federal record, even if they are wrongfully concealing that record on a personal account instead of the government’s custody.”
In addition to using his private email address to communicate with others with the express purpose of getting around FOIA requests, Morens instructed others to reach Fauci at a private address for similar reasons.