USAID officials have ordered staff to shred and burn sensitive documents at their former Washington headquarters, raising concerns about legal violations amid widespread agency cuts and ongoing litigation.
Key Takeaways
- USAID acting executive director Erica Carr instructed staff to shred or burn sensitive documents, including classified materials and personnel files, at the agency’s former Washington, D.C. headquarters.
- The document destruction follows the Trump administration’s announcement of significant budget cuts to USAID, including the cancellation of 5,200 contracts and layoffs affecting approximately 2,000 workers.
- Multiple organizations have requested a federal judge block the document destruction, citing concerns about potential violations of federal records laws and the relevance of documents to ongoing litigation.
- The Trump administration claims trained staff sorted and removed classified documents that were copies or derivatively classified, and most documents remain in burn bags pending a judge’s decision.
- Customs and Border Protection is set to take over USAID’s former headquarters as part of the agency restructuring.
Document Destruction Directive Sparks Legal Concerns
An internal email from USAID acting executive director Erica Carr revealed instructions for staff to dispose of sensitive materials at the agency’s former Washington headquarters. The directive described an “all day” event where employees were told to “shred as many documents first, and reserve the burn bags for when the shredder becomes unavailable or needs a break.” Carr’s email included specific handling instructions, noting, “If you need to use the burn bags, do not overfill, and ensure the burn bags can be closed with staples at the top.”
The document purge coincides with major changes at USAID following President Trump’s budget mandates. Secretary of State Marco Rubio announced the cancellation of 5,200 USAID contracts, affecting 83% of the agency’s operations. Reports indicate approximately 2,000 USAID workers have been laid off or placed on administrative leave as part of these cutbacks. The agency’s former headquarters is slated to be transferred to Customs and Border Protection.
Legal Challenges Mount Against Document Destruction
Multiple organizations have taken legal action to halt the document destruction. The American Federation of Government Employees filed a lawsuit against the Trump administration over federal workforce cuts and specifically requested a federal judge to prevent the destruction of potentially relevant documents. Additionally, the Personal Services Contractor Association asked the court to intervene to preserve what they consider potential evidence in ongoing litigation regarding contractor terminations.
“Thank you for your assistance in clearing our classified safes and personnel documents,” wrote Erica Carr in her directive to staff, as reported by the Associated Press.
These actions have raised concerns about compliance with the Federal Records Act, which strictly regulates the preservation and disposal of government documents. Heritage Foundation legal expert Hans von Spakovsky suggested the destruction could potentially constitute “felonies under 18 USC 1519 in destroying Gov documents.” Judge Carl Nichols has set a deadline for both parties to submit briefs on the matter before making a determination.
icymi:
"According to an email obtained by The Washington Post, a senior USAID official ordered employees to shred or burn documents at the organization’s Washington headquarters, including those related to agency personnel and those stored in safes used for classified material." https://t.co/rIiDPLvYQl
— Azi™️ (@Azi) March 12, 2025
Administration Response and Ongoing Investigation
Trump administration officials have pushed back against criticisms, with spokeswoman Anna Kelly dismissing concerns as “more fake news hysteria!” Justice Department attorneys representing the administration clarified that the situation had been “seriously misapprehended” and that document handling “did not violate” federal laws. They stated that trained USAID staff had sorted and removed classified documents that were merely copies or derivatively classified materials no longer needed by the agency.
“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 about the administration’s compliance with federal records laws.
According to Erica Carr, most documents currently remain in burn bags and will not be destroyed until the judge makes a decision on the matter. The situation underscores the tensions between the administration’s efforts to streamline government agencies through the “department of government efficiency” (DOGE), led by Elon Musk, and concerns about proper records management. USAID’s inspector general is also investigating the agency’s oversight of Musk’s Starlink terminals in Ukraine, adding another layer of complexity to the controversy.
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
