An internal directive at the U.S. Agency for International Development (USAID) sparked controversy this week. The directive prompted accusations that employees were improperly ordered to shred and burn classified documents.
However, the Department of Justice (DOJ) disputed these allegations, asserting no laws were broken and that the actions taken followed proper federal procedures.
The uproar began when acting USAID Executive Secretary Erica Y. Carr instructed agency employees via email to shred classified documents. She advised staff to use “burn bags” only if shredders became unavailable or required downtime.
The email, verified by The New York Times, raised concerns from the American Foreign Service Association (AFSA), the union representing diplomats and agency staff.
The union publicly voiced alarm that document destruction could interfere with ongoing litigation against the Trump administration involving terminated employees and discontinued grants.
“Federal law is clear: The preservation of government records is essential to transparency, accountability and the integrity of the legal process,” AFSA stated.
Responding to mounting criticism, DOJ attorneys clarified the situation in court filings, describing the controversy as resulting from a misinterpretation of a single email message.
DOJ trial attorney Michael Clendenen explained that the shredded documents were merely copies or “derivatively classified” records originating from other government agencies.
According to the DOJ, originals of these documents are retained securely elsewhere, rendering the copies unnecessary for retention by USAID.
“Any documents pertaining to current classified programs were retained, as were all personnel records and any document that must be retained under the Federal Records Act,” Clendenen asserted.
The DOJ also committed to notifying employee associations involved in litigation before any further documents were destroyed.
These developments come as USAID faces significant reductions under President Trump’s administration.
The Trump administration recently moved to dismantle the agency after a review by Elon Musk’s Department of Government Efficiency (DOGE) identified widespread financial waste.
Approximately 83% of USAID’s international humanitarian and development programs have already ended, and most agency employees have been removed from their posts, leaving only a minimal operational staff.
Concerns initially surfaced when USAID’s two top security officials were placed on leave last month after refusing DOGE officials access to sensitive agency materials.
While USAID itself offered no explanation for the urgency behind destroying classified documents, the DOJ maintains that no federal records were improperly handled or destroyed.