Records Related to the Removal of LGBTQ Health Data Following Executive Order 14168

Jordan Lassiter

Independent Investigative Journalist
Transparency Report
Email: Jordan@Lassiter.eu
Date: February 2, 2025

To Whom It May Concern:

Pursuant to the United States Freedom of Information Act (5 U.S.C. § 552), I hereby request the following records:

Subject: Freedom of Information Act (FOIA) Request – Records Related to the Removal of LGBTQ Health Data Following Executive Order 14168

Recipient:
Centers for Disease Control and Prevention (CDC)
FOIA Requester Service Center
1600 Clifton Road, N.E.
Atlanta, GA 30333

Requested Records

I request access to and copies of the following records related to LGBTQ health data, including but not limited to data on diabetes, that were removed, suppressed, or altered following Executive Order 14168, issued by President Donald Trump in January 2025, which directed federal agencies to eliminate references to gender diversity and LGBTQ-related topics from government resources. This request applies to records from January 1, 2024, to the present (February 2, 2025).
1. LGBTQ Health Data and Archived Reports:
• Copies of all datasets, reports, studies, and statistical analyses related to LGBTQ health, including but not limited to diabetes, HIV/AIDS, mental health, and chronic conditions.
• Any prior versions of datasets, surveys, or research that contained LGBTQ-specific data before they were altered or removed from the CDC’s website or databases.
2. Records of Data Removal or Suppression:
• Internal communications, emails, memos, and directives regarding the decision to remove, modify, or restrict public access to LGBTQ health data.
• Copies of website archives and database records that previously contained LGBTQ-related health statistics, including those removed after Executive Order 14168 took effect.
• Documentation of any restrictions placed on CDC employees or researchers regarding the collection, publication, or discussion of LGBTQ health data.
3. Internal Communications and Metadata:
• Emails, text messages, and memoranda sent or received by CDC officials, administrators, and staff regarding LGBTQ health data removal or modifications.
• Metadata for all emails and communications related to LGBTQ health data suppression, including sender, recipient, timestamps, subject lines, and attachments.
4. Legal and Policy Communications:
• Communications between the CDC and the Department of Health and Human Services (HHS), the White House, or other federal agencies regarding compliance with Executive Order 14168.
• Any legal assessments, policy discussions, or memoranda analyzing the legality of removing LGBTQ health data from public access.
5. Deleted or Missing Records:
• Documentation regarding any deleted or missing records related to LGBTQ health data, including explanations for why they were removed.
• Any efforts made to recover or archive such data for future public release.

Legal Prohibition on Data Destruction

The destruction of federal records, including datasets and internal communications, is prohibited under multiple federal laws and court rulings, including but not limited to:
• Federal Records Act (44 U.S.C. Chapter 31) – Mandates that agencies must preserve records documenting public policy decisions, and it is illegal to destroy records without authorization from the National Archives and Records Administration (NARA).
• Presidential Records Act (44 U.S.C. Chapter 22) – Requires that any records related to executive branch policies must be preserved, particularly those affecting public policy.
• Armstrong v. Executive Office of the President, 1 F.3d 1274 (D.C. Cir. 1993) – Established that federal agencies cannot delete or remove government records without following proper legal procedures and obtaining approval from NARA.
• Judicial Watch, Inc. v. U.S. Dep’t of Def., 857 F. Supp. 2d 44 (D.D.C. 2012) – Affirmed that metadata is part of a government record and must be preserved and disclosed under FOIA.

If any LGBTQ-related datasets, reports, or web pages have been removed or destroyed, I request records identifying the personnel responsible, the legal justification, and any efforts to recover or archive the missing data.

Relevance to Public Interest

This request is made in the public interest to assess how the CDC and the federal government are handling LGBTQ health data following Executive Order 14168. The suppression of health statistics, research, and policy discussions directly affects public health initiatives, medical research, and federal funding. Ensuring that LGBTQ health data remains available is essential for transparency, accountability, and public trust in federal health policy.

Fee Waiver Request

I request a waiver of all fees associated with this request under 5 U.S.C. § 552(a)(4)(A)(iii), as disclosure of these records will significantly contribute to public understanding of federal health policies and data integrity.

Legal Basis: Under Cause of Action v. FTC, 799 F.3d 1108 (D.C. Cir. 2015), FOIA fee waivers should be granted when a request serves the public interest by increasing transparency in government decision-making.

If the fee waiver is denied, I agree to pay up to $200 for processing fees and request prior notification if costs exceed this amount.

Expedited Processing Request

I request expedited processing under 5 U.S.C. § 552(a)(6)(E) because this request concerns an urgent matter of public health and government transparency. The removal of LGBTQ health data could have immediate consequences for medical research, public policy, and federal funding allocations. The timely release of these records is critical for ongoing reporting and public awareness.

Response Format and Timeline

Please provide the requested records in electronic format (e.g., PDF, CSV, or JSON) where possible. As required by FOIA, I anticipate a response within 20 business days. If any part of this request requires clarification, I am available at Jordan@Lassiter.eu to discuss the scope of this request.

Thank you for your time and attention to this matter.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
Transparency Report

February 14, 2025
Jordan Lassiter
Independent Investigative Journalist
Transparency Report
Email: Jordan@Lassiter.eu

Ryan Hohl
CDC/ATSDR FOIA Office
Centers for Disease Control and Prevention
1600 Clifton Road, N.E.
Atlanta, GA 30333
Email: foiarequests@cdc.gov

Subject: Clarification of FOIA Request – Records Related to the Removal of LGBTQ Health Data Following Executive Order 14168

Dear Mr. Hohl,

I am writing in response to your letter dated February 13, 2025, regarding my FOIA request submitted on February 3, 2025, for records related to the removal, suppression, or alteration of LGBTQ health data following Executive Order 14168. I appreciate your response and the opportunity to clarify my request to facilitate the search process.

To narrow the scope, I request records from January 1, 2024, to the present (February 2025) that pertain specifically to the following categories of LGBTQ health data:

1. LGBTQ-Specific Health Data Removed or Altered from the CDC’s Public Databases
• Any datasets, reports, or studies related to LGBTQ health, particularly concerning:
• Diabetes
• HIV/AIDS
• Mental health (including depression, suicide rates, and anxiety disorders)
• Chronic conditions disproportionately affecting LGBTQ individuals
• Records identifying any datasets that previously contained LGBTQ-specific health indicators but were modified or removed after the issuance of Executive Order 14168.

2. Internal Communications and Directives Regarding LGBTQ Data Removal
• Emails, memos, and official directives issued by CDC leadership or the Department of Health and Human Services (HHS) regarding compliance with Executive Order 14168.
• Communications between CDC officials and the White House, HHS, or other federal agencies discussing the removal or suppression of LGBTQ health data.
• Any internal discussions or debates regarding the legal or ethical implications of altering or deleting LGBTQ-related health records.

3. Website and Database Changes
• Documentation regarding any updates to the CDC’s online databases, web pages, or public portals that resulted in the removal of LGBTQ health information.
• Archived versions of CDC webpages or databases that contained LGBTQ health data before modifications were made in response to Executive Order 14168.
• Records of any internal meetings, memos, or task forces created to oversee or implement these data removals.

4. Restrictions on Researchers and Employees
• Internal policies, guidance documents, or communications that placed restrictions on CDC employees, researchers, or contractors regarding:
• Collecting or analyzing LGBTQ health data
• Discussing LGBTQ health trends in publications or reports
• Applying for grants or funding related to LGBTQ health research

5. Legal and Policy Considerations
• Legal assessments, internal legal memos, or advisory opinions analyzing the impact of Executive Order 14168 on data retention and public access to LGBTQ health records.
• Communications between the CDC and the National Archives and Records Administration (NARA) regarding compliance with the Federal Records Act (44 U.S.C. Chapter 31) in relation to LGBTQ health data removals.

Search Parameters

To minimize the burden of this request and ensure reasonable search efforts, please conduct searches limited to:
• The CDC’s Office of Public Health Data, Surveillance, and Technology
• The National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP)
• The Office of the Director of the CDC and any relevant leadership involved in health data policy
• The CDC’s website content management or digital teams responsible for maintaining public-facing datasets

If a more targeted search is necessary, please inform me of any specific limitations that need to be addressed.

Fee Waiver and Expedited Processing Reiteration

As previously requested, I respectfully seek:
1. A full waiver of all processing fees under 5 U.S.C. § 552(a)(4)(A)(iii) based on the substantial public interest in this issue.
2. Expedited processing under 5 U.S.C. § 552(a)(6)(E), as this request involves an urgent public health matter with direct implications for medical research, federal policy, and public trust in government health data.

If you require further clarification or need to discuss modifications to the scope of this request, I am available at Jordan@Lassiter.eu. I appreciate your time and assistance in processing this FOIA request and look forward to your response.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
Transparency Report