Controversy Erupts Over Document Destruction at USAID Under Trump Administration
The U.S. Agency for International Development (USAID) has sparked controversy by directing its staff in Washington to shred and burn documents. According to an email obtained by NBC News, the instructions were issued by Erica Carr, the agency’s acting executive secretary, and were set to take place on Tuesday. The email thanked employees for their “assistance in clearing our classified safes and personnel documents” and provided specific guidance: workers were instructed to shred as many documents as possible first and reserve burn bags for when the shredder becomes unavailable or needs a break.
While the destruction of classified materials is not unprecedented—it can occur in emergency situations such as embassy attacks—former employees and organizations representing foreign service workers have raised alarms, calling the directive inappropriate and unconventional. The move comes as the Trump administration faces legal challenges over its efforts to shut down USAID, with critics suggesting that the destruction of documents could compromise ongoing litigation and violate federal records laws.
Legal Concerns and Unprecedented Nature of the Directive
Harold Koh, a former State Department legal adviser during the Obama administration, described the directive as not standard procedure. He noted that such steps are typically reserved for extreme scenarios, such as when an embassy is under attack. Koh emphasized that, outside of emergencies, the priority is to preserve documents for continuity of policy and consultation. He pointed to a ruling by U.S. District Judge Amir Ali, upheld by the Supreme Court, which stated that the Trump administration could not block congressionally appropriated foreign aid funds from reaching their intended programs and agencies. Koh argued that documentation related to funding authorization and appropriation should be preserved until the funds are fully expended.
A former USAID official also expressed surprise at the directive, stating that they had never seen anything like this before. They highlighted the unprecedented nature of the situation, noting that USAID had never previously relinquished its lease or evacuated its headquarters. The American Foreign Service Association (AFSA), which represents foreign service officers, expressed alarm over the destruction of classified and sensitive documents, particularly those relevant to ongoing litigation regarding the termination of USAID employees and the cessation of grants.
AFSA, along with organizations like Oxfam America and other government employee unions, filed a motion to block the Trump administration from shutting down USAID. The group emphasized that federal law requires the preservation of government records for transparency, accountability, and the integrity of legal processes. Citing the Federal Records Act of 1950, AFSA warned that the unlawful destruction of federal records could have serious legal consequences for those involved. The spokesperson urged USAID leadership to provide clarity on the directive and expressed concern over the potential violation of federal law.
Broader Context:Trump Administration’s Targeting of USAID
The document destruction directive is part of a broader effort by the Trump administration to dismantle USAID. In recent months, the agency has faced significant cuts to its workforce, with crews removing signs from its headquarters and employees being given just 15 minutes to retrieve their belongings. Secretary of State Marco Rubio announced on social media that 83% of USAID programs were being cancelled, further signaling the administration’s intent to drastically reduce the agency’s operations.
Kel McClanahan, director of the National Security Counselors, a law firm specializing in national security, questioned the rationale behind the document destruction. While he noted that shredding and burning documents would not violate the Federal Records Act if all materials were completely digitized, he expressed skepticism about the administration’s motives. McClanahan likened the situation to an embassy preparing for an attack, where documents are destroyed to prevent them from falling into the wrong hands. He emphasized that this is not the case here, as USAID’s headquarters is located in the Ronald Reagan Building in Washington, D.C.
McClanahan reached out to the National Archives, calling for a halt to the document destruction. He accused the Trump administration of acting in “slash and burn mode,” suggesting that the goal is to destroy evidence that could disprove their narrative. His comments reflect a broader concern that the administration’s actions are not motivated by a desire to root out waste, fraud, or abuse, but rather to erase records that could challenge its decisions.
Pushback and Ongoing Legal Battles
The destruction of documents at USAID has drawn widespread criticism, with many viewing it as an attempt to circumvent accountability and transparency. The directive has also raised concerns about the integrity of ongoing legal proceedings related to the shutdown of USAID and the termination of its employees. As the situation unfolds, organizations like AFSA and legal experts continue to monitor developments closely, urging USAID leadership to clarify its actions and ensure compliance with federal records laws.
The broader context of the Trump administration’s efforts to dismantle USAID has only intensified concerns about the implications of the document destruction. With 83% of the agency’s programs being cancelled and its workforce significantly reduced, many fear that the administration’s actions are part of a coordinated effort to undermine the agency’s mission and operations. As the legal battles continue, the fate of USAID—and the records that document its work—hangs in the balance.
Conclusion: Implications and Ongoing Controversy
The controversy surrounding the destruction of documents at USAID highlights the ongoing challenges faced by the agency under the Trump administration. The directive to shred and burn records has raised serious legal and ethical questions, with critics arguing that it could compromise transparency, accountability, and the integrity of legal processes. As the administration continues its efforts to shut down USAID, the destruction of documents has become a flashpoint in a larger debate over the role of federal agencies and the preservation of government records.
The situation also underscores the importance of federal records laws and the need for accountability in government actions. With organizations like AFSA and legal experts advocating for the preservation of documents, the controversy serves as a reminder of the ongoing tensions between the Trump administration and federal agencies. As the legal battles and political maneuvering continue, the fate of USAID and the records that document its work remain uncertain.
