Former President Donald Trump attends the first day of his criminal trial at Manhattan Criminal Court in New York City on April 15. (Angela Weiss/AFP via AP Pool)
According to Epstein, the lawsuit will have deep ramifications in Special Counsel Jack Smith's ongoing case against former President Donald Trump.
Smith is prosecuting Trump in connection to the former president's handling of classified documents and other presidential records after leaving the White House in early 2021. In June 2023, the Department of Justice unsealed a federal indictment accusing Trump of 37 felony counts in connection with obstruction of justice and mishandling government records.
JUDGE IN TRUMP CLASSIFIED DOCS CASE GRANTS JACK SMITH REQUEST TO REDACT WITNESS NAMES
Epstein, though, argued that Trump is being held to a different standard than federal employees who regularly delete emails and records without any repercussions. He said potentially tens of thousands of records are deleted every year without authority.
AFL's case is tied to a February 2023 records request the group filed under the Freedom of Information Act with the Centers for Disease Control and Prevention. The group particularly requested records related to the CDC’s support for "teacher-led indoctrination of children with radical gender ideology."
Document obtained by America First Legal. (America First Legal)
Federal law states that government agencies must "make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the Government and of persons directly affected by the agency’s activities."
The AFL argued that NARA’s conclusion is "patently inconsistent with the law."
"You have maybe tens of thousands of government records every year that are destroyed without authority," Epstein told Fox News Digital. "But when it comes to Donald Trump, he gets prosecuted. Everyone else who doesn't have to stand for election gets a free pass."
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HHS Secretary Xavier Becerra and Archivist of the United States Colleen Shogan were also named in the group's lawsuit filed Wednesday.
Fox News Digital reached out to HHS and NARA for comment but did not immediately receive a response.
Thomas Catenacci is a politics writer for Fox News Digital.
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https://www.foxnews.com/politics/biden-admin-lawsuit-deleting-emails-case-ramifications-trump