WASHINGTON — A union representing contractors for the U.S. Agency for International Development has requested a federal judge to step in and prevent the destruction of classified documents. This request follows an email that instructed staff members to assist in the burning and shredding of agency records.
Judge Carl Nichols has set a deadline of Wednesday morning for both the plaintiffs and the government to submit briefs on the matter. An individual familiar with the email, who wished to remain anonymous due to fear of repercussions, confirmed that the email was distributed to at least some essential personnel.
This development occurs as the Trump Administration is in the process of dismantling USAID, significantly reducing federal funding, terminating a large percentage (83%) of humanitarian and development programs overseas, removing the majority of staff (all but a few hundred), and closing the agency’s headquarters in Washington.
Legal challenges are increasing in response to the sudden shutdown of most U.S. foreign aid and the targeting of the aid agency. In the most recent legal action, the Personal Services Contractor Association, representing thousands of contractors who are now either furloughed or terminated from USAID, has asked the judge to halt any destruction of documents to ensure the preservation of evidence.
The email in question was sent under the name of Erica Carr, who is the acting executive secretary at USAID, and includes a USAID logo.
The email begins by stating, “Thank you for your assistance in clearing our classified safes and personnel documents” at the USAID headquarters in Washington.
It instructed staff to report to work beginning on Tuesday with the instruction to “Shred as many documents first,” and then, if the shredder becomes overwhelmed, to place any remaining classified material into designated bags for burning.
Staff members were instructed to mark the bags with the word “secret” using a marker.
The State Department has not yet responded to inquiries regarding the email, including whether or not officials are adhering to the legally mandated procedures for the destruction of documents.
Federal law strictly governs the collection, retention, and disposal of classified material and federal records. Improper handling or disposal can be prosecuted as a crime.
Rep. Gregory Meeks, the leading Democrat on the House Foreign Affairs Committee, has accused the Trump Administration of failing to comply with federal records law.
Meeks stated that “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.”
The American Foreign Service Association, a group representing USAID workers, issued a statement expressing concern that documents being destroyed could be relevant to ongoing lawsuits concerning USAID’s firings and program terminations.
The issue of classified documents at USAID arose last month when the Trump Administration placed the agency’s top two security officials on leave after they refused to grant members of Elon Musk’s government-cutting teams access to classified material.
The Associated Press reported that the classified material included intelligence reports. Kate Miller, who serves on an advisory board for DOGE, stated at the time that no classified material was accessed “without proper security clearances.”
The widespread firings at USAID have resulted in relatively few staff members retaining access to agency systems.
—Amiri reported from the United Nations. Associated Press writer Lindsay Whitehurst contributed from Washington.