USAID Staff Instructed To Erase Critical Evidence

Person examining document with magnifying glass.

USAID officials have instructed staff to destroy classified documents in possible violation of federal law, potentially erasing crucial evidence just as litigation over mass firings and contract cancellations mounts against the agency.

Key Takeaways

USAID staff were directed to shred or burn sensitive materials including classified documents and personnel records at their Washington, D.C. headquarters
The destruction order comes amid massive agency downsizing with 5,200 contracts canceled and thousands of employees laid off under Trump administration cuts
Multiple organizations have requested judicial intervention to halt document destruction that may violate federal records laws and destroy evidence relevant to ongoing litigation
Heritage Foundation legal expert suggests USAID officials may be committing felonies under 18 USC 1519 by destroying government documents

Systematic Destruction of Sensitive Government Materials

The acting executive director of USAID, Erica Carr, sent explicit instructions to staff members to engage in what she described as an “all day” document purge at the agency’s former Washington, D.C. headquarters. The directive was unambiguous in its scope and method, instructing employees to “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.”

The timing of this document destruction raises serious concerns, as it coincides with the Trump administration’s sweeping restructuring of USAID. Secretary of State Marco Rubio recently announced the cancellation of 5,200 USAID contracts, representing an astounding 83% of the agency’s contractual obligations. This has resulted in approximately 2,000 workers being either laid off entirely or placed on administrative leave, effectively gutting the agency’s operational capacity.

Legal Challenges Mount Against Document Destruction

Multiple organizations have recognized the potential legal violations and evidentiary destruction taking place. The American Federation of Government Employees has filed a lawsuit against the Trump administration over the federal workforce cuts and specifically requested a federal judge intervene to prevent document destruction. Similarly, a union representing USAID contractor workers has sought judicial intervention to block the document purge, arguing that these materials are relevant to ongoing litigation.

“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.

Hans von Spakovsky of the Heritage Foundation, a respected legal expert, has raised even more serious concerns, suggesting USAID officials may be “committing felonies under 18 USC 1519 in destroying Gov documents.” This federal statute specifically prohibits the destruction of evidence relevant to federal investigations or proper administration of matters within federal jurisdiction – precisely what appears to be happening at USAID headquarters.

Trump Administration’s Defense and Ongoing Investigation

When confronted with these allegations, Trump administration attorneys claimed the USAID directive to destroy classified documents had been “seriously misapprehended” and “did not violate” federal records laws. They further asserted that trained USAID staff had properly sorted and removed classified documents that were merely copies or derivatively classified. Erica Carr subsequently noted that most documents remain in burn bags and will not be destroyed until a judge renders a decision on the matter.

“Officials at the U.S. Agency for International Development (USAID) have begun a large-scale destruction of classified documents at their headquarters in the Ronald Reagan building in Washington, D.C., including with shredders and using ‘burn bags,’ according to an internal email seen by the Guardian,” Erica Y. Carr said.

The document purge appears linked to the Trump administration’s efforts to reshape USAID through the “department of government efficiency” (DOGE), led by Elon Musk. Interestingly, classified documents at USAID became a focal point when top security officials were placed on leave after refusing to grant Musk’s team access to classified materials. Judge Carl Nichols has now set a deadline for both parties to brief him on this contentious matter as the investigation continues.