Union Groups Ask Court to Stop Trump Officials from Destroying USAID Documents 

Unions representing career diplomats and federal workers filed an emergency motion against the Trump administration to prevent officials at the United States Agency for International Development (USAID) from violating federal law by destroying classified records.

USAID’s acting executive secretary, Erica Carr, ordered officials in an email to begin shredding and burning classified and personnel records Tuesday, ProPublica first reported. “Shred as many documents first, and reserve the burn bags for when the shredder becomes unavailable or needs a break,” the email read.

The emergency motion argues that the destruction of USAID documents would violate federal laws that bar agencies from destroying documents without prior approval from the National Archives and Records Administration (NARA). 

The motion is part of a lawsuit to prevent the Trump administration from shutting down USAID, filed by the American Foreign Service Association, American Federation of Government Employees and Oxfam. Plaintiffs are being represented by Democracy Forward* and Public Citizen Litigation Group. On Monday, plaintiffs asked a federal judge to issue a summary judgment in the case.

The order to destroy documents came as the Trump administration is attempting to dismantle USAID and terminate almost all U.S. foreign aid funding.

Kel McClanahan, the executive director of National Security Counselors, a non-profit public interest law firm, also filed an unauthorized disposition complaint with NARA asking it to step in and investigate alleged destruction of USAID federal records.

McClanahan said besides issuing complaints to NARA, the public is limited in its ability to prevent federal agencies from destroying documents. Only plaintiffs in ongoing lawsuits, like the union groups who filed the motion, can ask a court to order agencies to stop destroying documents, he said.

If it finds through its investigation that agencies have illegally destroyed documents, NARA can order the agencies to stop or ask the attorney general to step in. However, McClanahan said currently it’s likely that there’s an unwillingness among agency heads and Attorney General Pam Bondi to comply with NARA orders.

“This is indicative of the main problem with all the records laws,” McClanahan said. “All the record laws were written with the presumption that agency officials would not be craven. But they are.”

*Democracy Docket Founder Marc Elias is the chair of Democracy Forward’s board.