Armed federal agents recently arrested Dr. David Morens, a 78-year-old retired government scientist, strip-searched him, and charged him with crimes that could carry decades in prison — all for allegedly using his personal email to try and evade Freedom of Information Act requests.
According to prosecutors, Morens, a former senior adviser at the National Institute of Allergy and Infectious Diseases, used personal email accounts to dodge FOIA, deleted records, and sought to circumvent federal records requirements. In one message about communications about Covid research, he allegedly wrote: “I learned from our FOIA lady here how to make emails disappear after I’m FOIA’d but before the search starts. … Plus I deleted most of those earlier emails after sending them to my Gmail.”
But the Justice Department has, for decades, largely taken a hands-off approach to enforcing FOIA. When it has enforced the law, it’s usually landed in civil rather than criminal court. The DOJ has almost never treated FOIA evasion behavior as a crime — at least until now.
But the Justice Department has, for decades, largely taken a hands-off approach to enforcing FOIA. When it has enforced the law, it’s usually landed in civil rather than criminal court. The DOJ has almost never treated FOIA evasion behavior as a crime — at least until now.
Right, so it’s gonna stay that way, if you are considered a friend or supplicant to the regime. Everyone else should consider this message as being put on notice.
“Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.”
- Frank Wilhoit
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ESH
