News
May 9, 2025

American Oversight Expands Lawsuit Against USAID for Unlawful Document Destruction

USAID’s troubling directive to wipe the devices of departing staff is a clear attempt to erase history and obstruct accountability.

Docket Number 25-0719

On Friday, nonpartisan watchdog American Oversight filed an amended complaint in its lawsuit against the U.S. Agency for International Development (USAID), the National Archives and Records Administration (NARA), and Marco Rubio, as acting USAID administrator and acting NARA archivist, for violations of the Federal Records Act (FRA), the Administrative Procedure Act, and the Freedom of Information Act (FOIA) related to the Trump administration’s dismantling of USAID.

American Oversight’s expanded lawsuit challenges USAID’s troubling pattern of obstruction, including by failing to respond to five critical FOIA requests about the cancellation of funding for USAID projects and communications with the Department of Government Efficiency (DOGE) and the White House — records that could shed light on the full scope of the administration’s efforts to dismantle the agency. The complaint also contests USAID’s alarming directive to remotely wipe devices used by departing staff and contractors — a move that risks permanently destroying protected federal records, erasing evidence of government actions, and circumventing basic transparency and accountability requirements.

“The Trump administration has launched a brutal attack on an agency that provides life-saving humanitarian aid and serves as an essential tool in defense of our national security,” said American Oversight Executive Director Chioma Chukwu. “USAID’s troubling directive to wipe the devices of departing staff is a clear attempt to erase history and obstruct accountability. By failing to release and potentially even destroying public records, the administration is actively preventing the American people from understanding the full scope of its efforts to unlawfully dismantle USAID. That’s why we’ve escalated our fight in court — to protect these vital records before they disappear forever and to hold those responsible accountable.”

Background

The amended complaint follows American Oversight’s March 2025 lawsuit, which was prompted by alarming reports that USAID officials were shredding and burning classified and personnel documents. The nonpartisan watchdog filed a motion for a temporary restraining order the following day, citing violations of the FRA and FOIA provisions.

In February, American Oversight launched an investigation into the Trump administration’s shutdown of USAID, filing multiple FOIA requests to uncover communications that would shed light on efforts to dismantle the agency. These requests seek to reveal communications between USAID officials and the White House, Congress, and Rubio.

USAID’s response to American Oversight’s amended complaint is due by May 23.