USAID Staff Directed To Shred Classified Materials

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USAID staff have been directed to destroy classified materials and sensitive documents amid significant agency restructuring, raising concerns about potential legal violations and the fate of records relevant to ongoing litigation.

Key Insights

  • USAID acting executive director Erica Carr instructed staff to shred or burn sensitive documents at the former Washington headquarters as part of an “all day” event.
  • The document destruction follows the Trump administration’s significant cuts to USAID, with Secretary of State Marco Rubio announcing the cancellation of 5,200 contracts (83% of agency contracts).
  • Federal unions and associations have requested judicial intervention to halt document destruction, citing concerns about compliance with federal records laws and preservation of evidence.
  • Justice Department attorneys claim that trained staff properly sorted classified documents and that the process follows legal protocols.

Document Destruction Protocol Implemented

USAID’s leadership has initiated a comprehensive purge of classified materials from its former headquarters in Washington D.C. Erica Carr, the agency’s acting executive director, distributed detailed instructions to staff for disposing of sensitive documents. The directive explicitly outlined a process prioritizing shredding followed by the use of burn bags when shredders become unavailable. Staff were advised to properly secure burn bags with staples after use and were offered additional supplies upon request.

The document destruction comes as Customs and Border Protection prepares to take over USAID’s former headquarters in the Ronald Reagan building. Most USAID staff have already been laid off or placed on administrative leave, with reports indicating approximately 2,000 workers have been impacted by the restructuring. The agency’s operations have been dramatically curtailed following the Trump administration’s policy shift toward reducing foreign aid expenditures.

Legal Questions Emerge

The destruction of documents has prompted immediate legal concerns from multiple stakeholders. The American Federation of Government Employees and the Personal Services Contractor Association have both requested judicial intervention to prevent further document destruction. These organizations express concern that destroying materials could eliminate evidence relevant to ongoing litigation regarding canceled contracts and terminated employees. A federal judge has established a briefing schedule to address these concerns.

“Shred as many documents first, and reserve the burn bags for when the shredder becomes unavailable or needs a break. If you need to use the burn bags, do not overfill, and ensure the burn bags can be closed with staples at the top,” Erica Carr said.

Heritage Foundation legal expert Hans von Spakovsky raised serious concerns about legal compliance, suggesting the destruction could potentially constitute “felonies under 18 USC 1519 in destroying Gov documents.” Additional concerns focus on compliance with the Federal Records Act, which strictly regulates the preservation and eventual destruction of government records. Rep. Gregory Meeks has accused the administration of failing to comply with federal records laws in its handling of USAID documents.

Administration Response

The Trump administration has defended its actions, with Justice Department attorneys stating that the directive has been “seriously misapprehended.” They assert that trained USAID personnel properly sorted and removed classified documents that were merely copies or derivatively classified materials not needed by the agency. According to administration attorneys, the process “did not violate” federal laws governing document preservation.

“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,” Rep. Gregory Meeks said.

Trump administration spokesperson Anna Kelly dismissed concerns as “more fake news hysteria!” Erica Carr has indicated that most documents currently remain in burn bags and will not be destroyed until a judge renders a decision on the matter. The controversy occurs amid a broader restructuring of USAID through the Department of Government Efficiency (DOGE), led by Elon Musk, which has prompted additional scrutiny of the agency’s operations and record-keeping practices.

Sources:

  1. USAID staff told to shred, burn sensitive documents | Blaze Media
  2. USAid employees told to destroy classified documents, email shows | Trump administration | The Guardian
  3. Trump administration says handling of USAID documents ‘did not violate’ federal laws – ABC News
  4. Court asked to intervene after email tells USAID workers to destroy classified documents | AP News

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