CREW demands answers from DOJ and NARA on Pam Bondi records

Former Attorney General Pam Bondi may have failed to preserve emails and text messages, in violation of the Federal Records Act. CREW sent a demand letter and Freedom of Information Act request notifying the National Archives and Records Administration and Department of Justice of the potential violation and demanding answers about Bondi’s compliance with the FRA and their actions to investigate and ensure compliance. 

The FRA requires agencies to “preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions.” That includes electronic communications like emails, social media posts and private messages on applications like Signal.

Former Attorney General Bondi reportedly “rarely used her Justice Department email” when she served as attorney general, raising significant concerns about whether she used alternative channels to conduct official business and whether those records were preserved. Given the Trump administration’s high profile, embarrassing and troubling track record of conducting official business on applications like Signal and Truth Social—and the attorney general’s statutory obligation to ensure compliance with the law—the urgency of these concerns about Bondi’s potential use of unofficial channels is only amplified. 

Bondi herself has a troubling record of violating public disclosure laws prior to becoming attorney general. While serving as Florida AG, Bondi was sued for allegedly “conspir[ing with Governor Rick Scott and his staff] to shield their communications from public-records law by using private Gmail accounts to send mail,” destroying emails, and “fail[ing] to properly retain text messages.” She was similarly sued after her office allegedly refused to provide meeting notes stored on Bondi’s iPad. In 2015, Governor Scott agreed to pay $700,000 to settle these lawsuits and several others, in one of the largest, taxpayer-funded public records settlements in Florida history.

It is imperative that NARA investigate and take appropriate action in order to determine whether Bondi used non-official electronic messaging systems in violation of federal law. Absent remedial action, CREW will bring legal action to ensure transparency, as required by law. The American people need answers.