USAID officials directed staff to destroy sensitive documents amid agency restructuring, raising legal questions as unions rush to courts for intervention.
Quick Takes
- USAID acting executive director Erica Carr instructed staff to shred or burn sensitive documents at the agency’s Washington, D.C. headquarters
- The document destruction follows the Trump administration’s significant cuts to USAID, including cancellation of 5,200 contracts
- Multiple unions have asked federal courts to block the document destruction, citing potential violations of federal records laws
- Legal experts warn the destruction could constitute a felony under federal law if documents relevant to ongoing litigation are destroyed
- Justice Department attorneys claim classified documents were properly sorted by trained staff and most remain in burn bags awaiting a judge’s decision
Document Destruction Order Raises Alarm
Staff at the United States Agency for International Development received explicit instructions from acting executive director Erica Carr to destroy sensitive documents at the agency’s Washington, D.C. headquarters. The directive, described as an “all-day” event, provided specific protocols for document disposal. Employees were told to “shred as many documents first, and reserve the burn bags for when the shredder becomes unavailable or needs a break,” according to internal communications obtained by multiple news outlets. The order specified that burn bags should not be overfilled and must be closed with staples at the top.
The document purge coincides with major restructuring at USAID following President Trump’s administration’s announcement of significant budget cuts. Secretary of State Marco Rubio revealed the cancellation of 5,200 USAID contracts, affecting approximately 83% of the agency’s total contracts. Most USAID staff have been laid off or placed on administrative leave, with reports indicating around 2,000 workers have been impacted. The agency’s former headquarters is slated to be taken over by Customs and Border Protection as part of the reorganization.
Legal Challenges Mount
Multiple unions representing USAID workers have taken swift legal action to halt the document destruction. The American Federation of Government Employees filed suit against the Trump administration over federal workforce cuts and specifically requested a federal judge to prevent the destruction of documents. Similarly, the Personal Services Contractor Association petitioned the court to intervene, arguing the need to preserve evidence potentially relevant to ongoing litigation regarding contract terminations and grant cancellations.
“Thank you for your assistance in clearing our classified safes and personnel documents,” Erica Carr said.
Judge Carl Nichols has established a deadline for both parties to submit briefs on the matter. The American Foreign Service Association expressed serious concerns about the relevance of documents to pending legal matters. Heritage Foundation legal expert Hans von Spakovsky warned that destruction of government documents could potentially constitute “felonies under 18 USC 1519” if they contain information pertinent to ongoing cases or investigations.
USAID official directed staff to destroy sensitive documents, Politico reports https://t.co/t9Vs6Br5AA
— NBC 15 News (@mynbc15) March 12, 2025
Administration Response and Compliance Questions
Trump administration attorneys have pushed back against allegations of impropriety, stating that the USAID directive to destroy classified documents had been “seriously misapprehended.” According to Justice Department filings, trained USAID staff properly sorted and removed classified documents, which were primarily copies or derivatively classified materials no longer needed by the agency. Carr noted in recent communications that most documents remain in burn bags and will not be destroyed until after a judge renders a decision.
Questions remain about compliance with the Federal Records Act, which strictly regulates the handling and disposal of government records. Democratic lawmakers have expressed concern that proper protocols may not be followed. Rep. Gregory Meeks criticized the administration’s approach, suggesting the document destruction could potentially hide evidence of wrongdoing. Federal law mandates specific procedures for disposing of classified material, with improper handling potentially constituting a criminal offense.
Broader Restructuring Context
The document destruction is part of a larger effort to reshape USAID through the “department of government efficiency” (Doge), led by Elon Musk. Classified documents at USAID became a contentious issue when top security officials were reportedly placed on leave after refusing to grant Musk’s team access to classified material. The widespread staff reductions have left few employees with proper access to agency systems, complicating proper records management procedures.
“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.
Concerns extend to the potential impact on ongoing Freedom of Information Act requests and future investigations, including an active inspector general investigation into USAID’s oversight of Musk’s Starlink terminals in Ukraine. While Democratic senators have inquired about Doge’s access to USAID records, they have not specifically addressed the document destruction orders. The situation continues to develop as the court considers intervention requests.
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
