USAID faces legal challenges after ordering staff to destroy classified documents during agency downsizing, raising questions about potential federal law violations and impact on ongoing litigation.
Key Takeaways
- USAID staff were instructed to shred or burn sensitive documents at their former Washington, D.C. headquarters as part of the Trump administration’s significant agency restructuring.
- The document destruction coincides with major cuts at USAID, including the cancellation of 5,200 contracts and layoffs affecting approximately 2,000 workers.
- Multiple organizations have taken legal action to halt the document destruction, citing concerns about compliance with federal records laws and potential impact on ongoing litigation.
- Legal experts have suggested the document destruction could potentially violate federal law under 18 USC 1519, which prohibits destruction of evidence.
USAID Document Destruction Order Sparks Controversy
The U.S. Agency for International Development (USAID) has come under intense scrutiny following a directive for staff to destroy sensitive documents at its former Washington, D.C. headquarters. Acting executive director Erica Carr issued the instruction as an “all day” event, advising employees to “shred as many documents first, and reserve the burn bags for when the shredder becomes unavailable or needs a break.” The destruction of classified safes and personnel files comes amid sweeping changes to the agency under President Trump’s administration, which has implemented significant budget cuts.
Secretary of State Marco Rubio announced the cancellation of 5,200 USAID contracts, affecting approximately 83% of the agency’s contracts. Reports indicate around 2,000 USAID workers have been laid off or placed on administrative leave. The agency’s former headquarters is slated to be taken over by Customs and Border Protection, further signaling the administration’s shift in priorities for the international development agency.
Legal Challenges Mount Against Document Destruction
Multiple organizations have taken legal action in response to USAID’s document destruction directive. The American Federation of Government Employees has filed a lawsuit against the Trump administration over federal workforce cuts and specifically requested a federal judge to intervene to prevent document destruction. Similarly, the Personal Services Contractor Association asked a judge to halt the destruction to preserve potential evidence related to ongoing cases.
“Thank you for your assistance in clearing our classified safes and personnel documents,” wrote Erica Carr in her directive to staff, raising alarms among legal experts and government watchdogs.
Judge Carl Nichols has set a deadline for both parties to brief him on the issue. Justice Department attorneys have responded that trained USAID staff properly sorted and removed classified documents, claiming they were copies or derivatively classified materials no longer needed by the agency. Carr noted that most documents currently remain in burn bags and will not be destroyed pending the judge’s decision.
Potential Legal and Procedural Violations
The document purge is linked to the administration’s efforts to reshape USAID through the “department of government efficiency” (DOGE), led by Elon Musk. Questions have emerged about compliance with the Federal Records Act, which prohibits premature destruction of government records. Legal expert Hans von Spakovsky from the Heritage Foundation claimed the destruction could constitute “committing felonies under 18 USC 1519 in destroying Gov documents.”
“Haphazardly shredding and burning USAID documents and personnel files seems like a great way to get rid of evidence of wrongdoing when you’re illegally dismantling the agency,” said Rep. Gregory Meeks, expressing concerns shared by critics of the move.
The American Foreign Service Association has voiced concerns about the relevance of the documents to ongoing litigation. Additionally, USAID’s inspector general is investigating the oversight of Musk’s Starlink terminals in Ukraine, raising questions about whether relevant documentation might be affected by the destruction order. The situation has been further complicated by staffing changes, as wide firings have left few employees with access to agency systems.
Administration Response to Criticism
The Trump administration has pushed back against criticism of the document destruction directive. Anna Kelly, speaking on behalf of the administration, dismissed concerns as “More fake news hysteria!” Trump administration attorneys have stated the USAID directive has been “seriously misapprehended” and “did not violate” federal laws. They maintain that proper protocols for handling classified materials are being followed.
The controversy highlights ongoing tensions between the administration’s efforts to streamline government operations and concerns about transparency, accountability, and compliance with federal records laws. As legal challenges proceed, questions remain about whether proper records management protocols are being followed and how the document destruction might affect ongoing Freedom of Information Act requests and potential future investigations into agency operations.
Sources:
- USAID staff told to shred, burn sensitive documents | Blaze Media
- USAid employees told to destroy classified documents, email shows | Trump administration | The Guardian
- Trump administration says handling of USAID documents ‘did not violate’ federal laws – ABC News
- Court asked to intervene after email tells USAID workers to destroy classified documents | AP News
