Washington, D.C. – On August 22, the Department of Homeland Security (DHS) admitted it has not preserved text messages from top officials since April 9, in response to a public records demand by the nonprofit watchdog American Oversight, raising serious concerns about compliance with the Federal Records Act.
The revelation, reported by The New York Times, centers on communications related to the controversial June deployment of National Guard troops in Los Angeles, authorized by President Trump to quell protests over immigration raids. Experts, including American Oversight’s executive director Chioma Chukwu, labeled the failure a “violation” of federal law, amplifying accusations of opacity in Trump’s second administration amid broader controversies like the One Big Beautiful Bill Act and the Epstein files.
The lack of accountability, tied to Trump’s influence over the National Archives, has fueled debates about transparency and governance as the 2026 midterms approach.
DHS’s Admission – A Breach of Federal Law
American Oversight’s Freedom of Information Act (FOIA) request sought all text, Signal, and email communications from DHS leaders, including Secretary Kristi Noem, related to the National Guard’s Los Angeles deployment.
In a July 23, letter, DHS stated that “text message data generated after April 9, is no longer maintained,” a response echoed in a follow-up August 21 request for July texts, per American Oversight’s website.
Chioma Chukwu told The New York Times, “Text messages of top DHS officials are records that must be preserved and kept because they are created in the course of conducting government business. If they are not preserving those records, or if they are making so they cannot search for those records, that is a violation of the Federal Records Act.”
The Federal Records Act mandates that government agencies preserve all documentation produced during official duties, making it accessible under FOIA unless exempt. The DHS’s admission, coupled with its claim of being “unable to locate or identify any response records” for a separate request about the “Alligator Alcatraz” migrant detention camp in the Everglades, suggests a systemic failure to retain critical communications.
A Pattern of Non-Compliance
This is not the first instance of DHS recordkeeping issues under Trump. Following the January 6, 2021, Capitol attack, the DHS Office of Inspector General requested Secret Service text messages from the surrounding days, only to find many had been deleted during a phone “reset” in January 2021, despite an ongoing investigation.
Similarly, investigations continue into whether Defense Secretary Pete Hegseth’s aides deleted Signal messages, a practice criticized after the “Signalgate” scandal involving encrypted apps.
The timing of DHS’s text retention halt—coinciding with scrutiny over the wrongful deportation of Salvadoran national Kilmar Abrego Garcia in March—raises suspicions of deliberate obfuscation. American Oversight noted that internal DHS discussions about compliance with Supreme Court orders likely occurred via text, yet these records are now inaccessible, shielding officials from accountability.
Anne Weismann, a former Justice Department official and George Washington University law professor, told The New York Times, “You can’t hold people accountable if you don’t know what they’re doing. You can’t call yourself transparent if you’re not preserving data.”
Accountability Challenges and Political Influence
Experts doubt DHS will face consequences due to Trump’s control over key institutions. The National Archives, responsible for referring Federal Records Act violations to the Justice Department, is currently led by acting archivist Secretary of State Marco Rubio, a Trump ally, after Trump fired Colleen Shogan in January.
Weismann noted that any DOJ investigation would require Rubio’s referral to Attorney General Pam Bondi, another Trump loyalist unlikely to challenge the administration. Lauren Harper of the Freedom of the Press Foundation dismissed DHS’s excuse, saying, “This is like a fire department saying, ‘we don’t have a hose, so we’re not going to put out the fires anymore.’ That’s not how it works.”
The lack of accountability echoes past controversies. In 2022, the DHS Inspector General faced criticism for not pursuing deleted Secret Service texts aggressively, and similar issues arose with wiped phones of Trump-era officials like Chad Wolf.
On X, users like @SprinterExpres0 condemned the deletion, posting, “DHS under Kristi Noem admits to destroying evidence—text messages gone since April. This is ILLEGAL under the Federal Records Act!” while @LauraLoomer defended the administration, arguing, “FOIA requests are often weaponized by leftists to harass patriots.”
Broader Political and Social Context
The DHS controversy dovetails with a chaotic second Trump term. The D.C. crime crackdown, involving “reconfigured” crime stats admitted by Press Secretary Karoline Leavitt, has fueled “Free D.C.” protests, while the Epstein files and Ghislaine Maxwell’s prison transfer add to perceptions of turmoil. Health concerns about Trump, raised by Alex Jones, Mary Trump, and John Bolton, citing “swollen ankles” and “fatigue,” further complicate the narrative, especially after his “get to heaven” comments.
The Los Angeles National Guard deployment, authorized under a June 8, White House memorandum, responded to protests over immigration raids, drawing criticism for militarizing domestic policy. American Oversight’s FOIA request aimed to uncover decision-making details, but DHS’s failure to preserve texts has stymied transparency, prompting accusations of a cover-up tied to Garcia’s deportation to a Salvadoran mega-prison.
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What’s Next?
The DHS’s admission threatens public trust in government transparency, especially as it stonewalls oversight during a period of heightened scrutiny. If Rubio or Bondi fail to act, as experts predict, it could embolden further recordkeeping lapses, undermining FOIA and the Federal Records Act.
American Oversight has vowed litigation, with Chukwu stating, “We will not allow this blatant attempt by one of the nation’s largest law enforcement agencies to shield itself from oversight.”
The controversy could reshape 2026 midterm dynamics, with Democrats leveraging it to highlight GOP governance failures. GOP infighting, exemplified by Rep. Marjorie Taylor Greene’s Gaza comments sparking a MAGA backlash, adds pressure, with Steve Bannon warning of electoral losses if unresolved.
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