(SofTech) — Employees at USAID received orders to dispose of classified documents and personnel files, as stated in a memorandum from a high-ranking official. This directive has led to renewed legal disputes and raised concerns within the union representing foreign service officers.
“Start by shredding numerous documents, and use the burn bags only when the shredder is out of commission or requires a rest,” according to the memo reviewed by SofTechNews. The document bears the signature of USAID Acting Executive Secretary Erica Carr.
The State Department, responsible for overseeing USAID, did not promptly reply to a request for comments made on Tuesday.
Following the publication of the directive, two distinct legal actions were initiated aiming to prevent the obliteration of the records. Attorneys acting on behalf of USAID contractors in one of these lawsuits submitted an urgent plea to the court, requesting an order compelling the administration “to retain every document that could potentially be relevant to ongoing litigation.”
In the submission, the attorneys mentioned that they had already reached out to a Justice Department attorney for clarification but had not yet obtained a reply. They stated in their urgent petition, “All we’ve gotten so far is ‘we’re investigating this.'”
In another legal case against USAID, plaintiffs requested a temporary restraining order on Tuesday. They alleged that the government had issued “an extensive and time-limited instruction to destroy and incinerate documents right away—today—that pertain to the organization, operations, and actions of USAID.”
According to a congressional aide, Democratic members of the US Senate Foreign Relations Committee have contacted the State Department and USAID seeking information regarding adherence to federal record-keeping requirements.
On Monday, Carr gave the directive, coinciding with Secretary of State Marco Rubio’s official cancellation of most USAID contracts and his decision to place the remaining ones under the control of the State Department.
This action effectively abolishes USAID as an independent organization. It aligns with the Trump administration’s wider attempts to reduce U.S. foreign aid expenditures and dismantle much of the aid agency, resulting in the termination or furlough of approximately 10,000 staff members.
There’s no justification for USAID to be destroying records,” stated Lauren Harper from the Freedom of the Press Foundation. “Since the State Department is the successor agency to USAID, they should be taking charge of USAID’s records.
The American Foreign Service Association, which represents staff from both the State Department and USAID and is part of the lawsuits filed against the Trump administration, has expressed concern over this directive. The organization stated that these documents could potentially impact current legal proceedings related to the dismissal of USAID personnel and the discontinuation of USAID grants.
The organization stated, “Federal law explicitly states that the safeguarding of governmental documents is crucial for ensuring openness, responsibility, and the integrity of the judicial proceedings.”
The Federal Records Act of 1950 mandates that federal agencies must maintain records, with stringent regulations in place.
guidelines
regarding the demolition of files.
In their urgent filing, attorneys representing the AFSA contended that eradicating classified documents and employee records might hinder USAID’s ability to return to regular functioning and render it difficult to “restore and reconstruct agency initiatives” moving forward.
Harper from the Freedom of the Press Association stated that the issue is complex since Rubio oversees three distinct organizations officially.
Not only does he lead the State Department, but he has also been appointed as the acting administrator for both USAID and the National Archives and Records Administration. She explained that this administration “is supposed to intervene and look into it when federal records are being destroyed.”
–Assisted by Erik Larson.
(Updated to include new legal challenges and additional remarks from the first paragraph)
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