The U.S. Department of Justice (DOJ) has addressed concerns regarding an internal directive from the U.S. Agency for International Development (USAID) instructing staff to destroy certain documents. This clarification comes as the Trump administration proceeds with plans to dismantle USAID, following assessments by the Department of Government Efficiency (DOGE) indicating widespread waste within the agency.
On March 11, Erica Carr, USAID’s acting executive secretary, sent an email to agency staff directing them to clear classified safes and personnel documents. The email instructed employees to “shred as many documents first” and use burn bags labeled “SECRET” for remaining classified materials when shredders were unavailable.
In response to this directive, unions representing USAID employees and contractors filed a motion in federal court seeking a temporary restraining order to halt the destruction of records. They expressed concerns that the rapid destruction could violate federal record-keeping laws and potentially eliminate evidence pertinent to ongoing litigation challenging the agency’s dismantling.
The DOJ refuted claims of indiscriminate document destruction, stating that the concerns were based on an “out-of-context email.” According to DOJ trial attorney Michael Clendenen, trained USAID staff were tasked with sorting and removing classified documents to prepare the space for its new occupant.
The removed documents were either copies from other agencies or derivatively classified materials, with originals retained elsewhere. Essential records, including those related to current classified programs and personnel files, were preserved in compliance with the Federal Records Act.
Furthermore, the DOJ assured that no additional documents would be destroyed without prior notification to the plaintiffs, allowing them the opportunity to raise concerns before the court. The DOJ argued that, given USAID’s adherence to legal protocols and the cessation of document removal, the plaintiffs’ motions lacked merit and did not demonstrate irreparable harm.
The DOJ’s clarification pushes back against claims of misconduct, reaffirming that USAID’s restructuring follows legal protocols. As the Trump administration works to eliminate government waste and unnecessary bureaucracy, ensuring transparency in the process is key to preventing political attacks and misinformation from derailing much-needed reforms.
