Steve Bannon’s “flood the zone” strategy is brilliant, in a truly evil sort of way. One can barely keep up with the daily malfeasance, no less spend more than a few minutes thinking about it before the next day’s malfeasance takes its place on the front burner. For some, at least there is an effort made at rationalizing the impropriety, but there’s no excuse for the email directing the remaining staff at the United States Agency for International Development, USAID, to take the documents in its safe and shred them, and when the shredder breaks, burn them.
A senior official at the main U.S. aid agency, which is being dismantled by the Trump administration, told employees to clear safes holding classified documents and personnel files by shredding the papers or putting them into bags for burning, according to an email sent to the staff.
The email, sent by Erica Y. Carr, the acting executive secretary, told employees of the U.S. Agency for International Development to empty out the classified safes and personnel document files on Tuesday. “Shred as many documents first, and reserve the burn bags for when the shredder becomes unavailable or needs a break,” Ms. Carr wrote, according to a copy of the email obtained by The New York Times.
If this seems fundamentally batshit crazy wrong, it is.
The Federal Records Act of 1950 requires U.S. government officials to ask the records administration for approval before destroying documents.
It’s not that the government can never destroy records, but that government records must be retained unless and until they are determined to not be necessary to document the functioning of government.
Section 2203 of the Presidential Records Act, as amended (PRA) states that the incumbent President must obtain the views in writing of the Archivist before disposing of any Presidential records. This authority is routinely used to dispose of the extremely large volumes of public mail that the President and Vice President receive on a daily basis. Under certain circumstances, the Archivist must inform Congress of the proposed disposal. In these cases, the President must wait at least sixty legislative days before disposing of them. After the President’s term, the Archivist has authority to dispose of Presidential records, following a public notice and comment period.
Then again, a little-known resolution passed by the House provided that days no longer means days, so the 60 legislative day waiting period may no longer exist. But why would Carr order the covert destruction of all confidential USAID documents?
The documents being destroyed could have relevance to multiple court cases that have been filed against the Trump administration and the aid agency over the mass firing and sudden relocation of employees, the rapid dismantlement of the agency and a freeze on almost all foreign aid money.
And what does the most transparent executive branch ever have to say about this?
The State Department and a spokesperson for U.S.A.I.D. did not respond to requests for comment.
Even when paper documents are destroyed, they are required to first be preserved in digital format.
The Federal Records Act says that “agencies must follow retention schedules approved by” the records agency and covers all electronic documents as well. Printed documents must be saved in an electronic format before being destroyed, and the act says that “agencies must manage electronic records effectively, ensuring accessibility and security.”
In some federal agencies, employees regularly destroy physical documents after saving them in electronic form. It is unclear if employees at U.S.A.I.D. have ensured that all physical documents are being saved electronically before being destroyed.
In the grand scheme of chaos imposed on the federal bureaucracy on a daily, if not hourly, basis, the destruction of documents in bags marked “Secret” with a black Sharpie barely makes a dent. From the elimination of the Justice Department’s public corruption section to the evisceration of the National Oceanic and Atmospheric Administration to undermining the functionality of Social Security Administration to justify its elimination, burning docs at USAID is such a small problem as to barely be worthy of mention. But its impropriety is so manifest and inexcusable as to be shocking if only we had the time to take notice before the next flood of impropriety dropped. Then again, how would we know of the Tsunami of unlawfulness when the NOAA isn’t there to warn us of the coming storm?
And should anyone, at some point in the future, wonder what became of the confidential documents of the USAID, it will no longer matter as they no longer exist. Whether shredded or burned, if it doesn’t exist, it never happened.
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“It is unclear if employees at U.S.A.I.D. have ensured that all physical documents are being saved electronically before being destroyed.”…”The State Department and a spokesperson for U.S.A.I.D. did not respond to requests for comment.”
This NYTimes article is a lie by omission (i.e. misleading). It should not be published until they confirm any physical document has been destroyed that was not saved electronically. As to the alleged lack of response, that’s usually calling/emailing the subject minutes before publishing the piece.
I saw a news story yesterday in which some administrative spokesperson claimed all these documents have been digitized and they are just getting rid of the hard copies so they can use the space for something else. I find it a bit puzzling that an agency basically formed to pass out money would have “classified documents” to begin with. It may well be a vestige of the “when in doubt, classify” era.
Or there is some validity to the long-held belief that USAID was in many ways an extension of American intelligence services.
Take the filing for what it’s worth, but the DOJ said in a court filing that the only documents being destroyed were copies of documents from other orgs and it was being done to make room for new tenant. I’ve seen how much time reporters give people to respond, so I’d take the news story (and the DOJ filing) with a grain of salt.
I see that the apologists have gotten here before me. It may be a nothing, but then why the email directing the immediate destruction if this is just routine? It seems the people who have actual knowledge of the agency are concerned about it, as reflected by the two suits to stop it. If these docs were already digitized, they are the people who would know, and yet they found this bad enough to fight.
And the Bondi DoJ (which swore Musk had nothing to do with DOGE) isn’t exactly a credible source these days.
But every action of the administration is “bad enough to fight.” They can’t let a single hill, field or farmhouse go.
““They were destroying classified and personnel records. So why were the personnel records in a classified system? Well, they weren’t. … So that’s why I think they were not doing what the law would allow them to do,” he [Kel McClanahan] said.”
Disco inferno
How the hell did I miss that gimme?
As repentance, I shall wear a polyester leisure suit and platform shoes for the rest of the week.
[Ed. Note: No Huckapoo shirt?]
Do you really think I am so lacking of any fashion sense that I would wear a leisure suit without an appropriate shirt?
[Ed. Note: Point taken. Just stay away from open flames.]
Arthur Brown would also like a word.
But I’m not clear on the “may have relevance in court” idea. I’d’ve thought maybe “relevance in showing malfeasance” in which case the Trumpsters would WANT them. Personnel records? The suddenness of the order makes “no big deal” seem highly unlikely, but this one is truly stretching my imagination as to “why.”
More popcorn, I guess, while I watch things melt down. Pun intended.
If the Admiral will suffer another tune:
Two sad thoughts:
The DOJ won’t prosecute if Trump says don’t prosecute.
And even if they did, or some future DOJ did, you know Trump will grant a pardon to everyone in his administration before he leaves office.
‘Tis the nature of autocracy.