DOJ Confronts Document Destruction Order from USAID: What’s Really Happening?

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A senior USAID official’s email ordered the destruction of documents at the Ronald Reagan Building.

The Department of Justice (DOJ) has responded to a directive from a senior official at USAID that instructed remaining staff to destroy documents. This controversial shredding event took place at the Ronald Reagan Building on Tuesday, amidst the administrative leave of thousands of USAID workers as the building is being prepared for new occupancy.

In an email, Erica Carr, USAID’s acting executive director, instructed staff to “shred as many documents first, and reserve the burn bags for when the shredder becomes unavailable or needs a break.” The email also specified that burn bags should only be labeled with “SECRET” and “USAID/(B/IO)” in dark sharpie if possible.

This email, which sparked a flurry of media attention, was obtained by Propublica, Politico, and CBS News.

The DOJ, in a response to a lawsuit filed by the American Foreign Service Association, clarified that the email’s intent was misunderstood. The DOJ stated that the shredding and removal of documents were conducted by trained staff to make space for a new tenant. These documents were copies or derivatively classified from other agencies, with original documents retained by the originating agencies.

The DOJ’s response emphasized that no documents pertaining to current classified programs or vital personnel records were destroyed. Furthermore, USAID committed to halting any further document destruction without notifying plaintiffs and providing an opportunity to address the matter in court.

The DOJ’s detailed response stated, “Because USAID was not violating and will not violate the FRA and is not destroying evidence potentially relevant to this litigation, Plaintiffs’ motions lack any likelihood of success on the merits.” The DOJ argued that the plaintiffs failed to prove irreparable harm and that any court order against the document handling would disrupt governmental operations.

Adding to the response, White House Deputy Press Secretary Anna Kelly dismissed the allegations as “more fake news hysteria.” She clarified that the USAID building’s new tenant, CBP, would occupy the space soon, and the documents in question were duplicates, with originals securely stored on classified systems.

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