A document obtained from the National Archives and Records Administration, dated January 30, 2003, shows that the Office of Special Counsel is allowed to destroy “litigation and investigative files” for cases that are not noteworthy after only three years.*
Such a policy, if still in place, would make it difficult to reopen any cases for whistleblowers who were denied due process at the hands of OSC since its founding 33 years ago (and there are many).
A FOIA request is in process to determine if this policy is still in place. One would hope, after the SEC records destruction debacle of this past summer, that critical law enforcement agencies would hold on to their files for as long as possible.
*Elaine Kaplan was Special Counsel at the time. Ms. Kaplan is now general counsel for the Office of Personnel Management.