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This week marked 100 days of President Trump’s second term — a time during which he has sought to reshape the federal government to serve his political and personal interests and has attempted to evade rules and laws that hold our leaders accountable to the public. And unfortunately, the administration appears poised to continue its anti-democratic habits of secrecy and executive power overreach into its next 100 days.
On Wednesday — the day before he was removed as national security adviser — Mike Waltz, who had added a journalist to a sensitive military group chat over Signal, was photographed looking at his phone during a cabinet meeting. And on that phone screen was a messaging platform designed to collect and store Signal messages.
- As the New York Times noted in its reporting on the photo on Friday, it’s “not clear if Mr. Waltz began using the alternative app when he became national security adviser or after a nonprofit watchdog group, American Oversight, sued the government for failing to comply with records laws by using Signal.”
The use of TeleMessage has raised serious questions about security and potential vulnerabilities. And while the app is designed to retain copies of messages sent through Signal, Waltz’s apparent use of it now does not change the fact that messages from the Houthi strikes group chat were deleted and unable to be retrieved.
- “The use of a modified Signal app may suggest an attempt to appear compliant with federal record-keeping laws, but it actually underscores a dangerous reliance on unofficial tools that threaten national security and put our service members at risk,” Chioma Chukwu, our interim executive director told the Times. “Americans have a right to transparency and to know their leaders are following the law, not hiding behind unauthorized workarounds.”
Trump subsequently nominated Waltz to be UN ambassador, naming Secretary of State Marco Rubio (who is also the acting U.S. archivist) as interim national security adviser. But whatever cabinet shuffling the president undertakes to address public outrage over the reckless handling of official communications and information, the administration’s disdain for transparency runs deep.
When looking back at Trump’s first 100 days and American Oversight’s investigations and legal actions, two major themes emerge: authoritarian devotion to secrecy and executive branch abuses of power. The use of autodeleting Signal messages to conduct official work is just one significant aspect of the Trump administration’s efforts to undermine transparency and record-keeping requirements.
- As DOGE has wreaked havoc across the federal government, the administration has sought to shield its actions from public scrutiny by evading the Freedom of Information Act (FOIA) and communicating about official work through non-official channels. Our first-of-its-kind FOIA lawsuit against DOGE for records about its structure and actions led to the creation of a new records retention policy.
- Recent news about the widespread use of Signal by Waltz, Defense Secretary Hegseth, and others prompted us last week to amend our lawsuit against top officials for violating the Federal Records Act (FRA) and ask the court to issue an emergency order to prevent further record destruction.
- The use of secretive messaging platforms has also extended to DOGE. In April, we filed a second lawsuit against the agency for violating FOIA, the FRA, and the Administration Procedures Act by using Signal and other ephemeral communication apps, as well as Google Docs, for government work.
As his administration seeks to hide details about its work from the public, Trump has also attempted to undermine our system of checks and balances and abuse the powers of the executive office. The administration has sought to dismantle federal programs and agencies set up by Congress, firing wide swaths of employees and officials — including those tasked with providing crucial oversight — and enacting retribution on Trump’s perceived enemies.
- We’ve been investigating the administration’s unlawful firings of independent inspectors general, who are responsible for safeguarding the integrity and accountability of government programs.
- Trump has targeted major law firms for work he disagrees with or dislikes — including work that promotes transparency and accountability by challenging government actions. In April, we joined more than 20 other organizations in filing amicus briefs in support of three major law firms that Trump has targeted.
- Among the agencies targeted by Trump — which administer key programs relied on by Americans — are the Department of Education, the Consumer and Financial Protection Bureau, the National Archives, the Social Security Administration, and USAID. He has issued executive orders initiating mass firings across the government targeting offices and programs purportedly related to diversity, equity, and inclusion.
- Additionally, the Trump administration has attempted to undermine the right to due process, especially in the realm of immigration enforcement as it seeks to carry out its mass-deportation plans.
Bringing IRS-ICE Agreement into the Light of Day
On Thursday, American Oversight filed a motion to intervene to unseal court documents from a lawsuit over a data-sharing agreement between the Internal Revenue Service (IRS) and Immigration and Customs Enforcement (ICE). If implemented, the agreement could jeopardize the confidentiality of sensitive information for millions of taxpayers.
- The lawsuit stems from efforts by ICE to obtain IRS data about undocumented immigrants. Our motion — which came after we filed a suite of related requests with both ICE and the IRS — asked the court to unseal documents including the memorandum of understanding explaining the data-sharing arrangement and the implementation agreement detailing how that agreement will be carried out.
- Minutes after the filing, the court ordered the government to swiftly file a redacted version of a brief that it initially submitted under seal, and to respond to our motion to intervene by May 5.
Victory in Virginia
A Virginia appeals court has advanced our lawsuit against Gov. Glenn Youngkin’s administration seeking public records related to the 2022 “divisive concepts” tip line.
- The tip line was a political stunt that put educators and students at risk, and was part of the broader attack on public education and classroom discussion in states across the country.
- The court’s ruling means that the public may soon be able to finally access information that should have been disclosed nearly two years ago. Read more here about the ruling, and read our recent report on the far-right attacks on public education.
On the Records
RFK Jr. Missed January CDC Planning Exercise on Bird Flu
Before the new administration took over, then-incoming Health Secretary Robert F. Kennedy Jr. appears to have skipped a January meeting for the Centers for Disease Control and Prevention (CDC) to prepare for a potential bird flu outbreak, records obtained by American Oversight reveal.
- The documents highlight a Jan. 17 tabletop exercise held by CDC officials to coordinate the distribution of the H5 vaccine, which is used to combat bird flu.
- While other incoming cabinet appointees apparently attended, CDC officials noted Kennedy’s absence at the planning exercise, which according to the records was aimed at “enhanc[ing] coordination in the allocation, ordering, distribution, and administration of influenza A (H5) vaccine.”
The revelations about the absence of Kennedy — a vocal vaccine skeptic — come amid experts’ rising concerns about the spread of bird flu and about the Trump administration’s response. Months into Trump’s second term, it appears that Kennedy’s absence at the CDC tabletop exercise was a preview of his leadership with regard to the bird flu threat and vaccines.
- Kennedy has previously made the dangerous and inhumane suggestion that the virus should be allowed to “run through the flock,” despite objections from veterinary scientists.
- This week, a Kennedy spokesperson stated that new vaccines will require placebo testing, which could delay availability of new Covid-19 vaccines and exacerbate mistrust. Recent reporting also indicates that Kennedy is considering a reversal of the CDC’s Covid-19 vaccination recommendation for children.
- The health secretary has culled thousands of scientists, researchers, and senior leaders from the agency, spurring chaos and confusion across departments. Alongside Kennedy’s promise of “radical transparency” at HHS came major cuts to the department’s communications and FOIA offices.
Other Stories We’re Following
Trump Accountability
- Trump fires more immigration judges in what some suspect is a move to bend courts to his will (Los Angeles Times)
- Trump administration ignores watchdogs amid 39 funding investigations, GAO says (Politico)
- Trump taps Dr. Phil for Religious Liberty Commission (The Hill)
Federal Agencies
- FBI, national security agencies using polygraphs for ‘leak’ hunts (Washington Post)
- Trump’s Justice Department appointees remove leadership of voting unit (Guardian)
- Justice Department halts funds for programs for victims of hate crimes, child abuse, school violence and more (CBS News)
- Orders to investigate Columbia protesters raised alarms in Justice Dept. (New York Times)
- Civil rights lawyers leave en masse as Justice Dept. mission shifts (Washington Post)
- New details emerge on Trump officials’ sprint to gut Consumer Bureau staff (New York Times)
- Federal workers required to report their daily location, email says (Washington Post)
- RFK Jr. will order placebo testing for new vaccines, alarming health experts (Washington Post)
- Jennifer Hegseth holds unorthodox role shaping Pentagon affairs (Washington Post)
- FDA chief says they're looking at whether to approve Covid shots for next winter (CBS News)
- Justice Department sues Hawaii, Michigan, Vermont and New York over state climate actions (Associated Press)
- McMahon launches probe into New York over ordered removal of Native American school mascot (The Hill)
- The Justice Department ended a decades-old school desegregation order. Others are expected to fall (Associated Press)
DOGE
- DOGE employees gain accounts on classified networks holding nuclear secrets (NPR)
- DOGE put a college student in charge of using AI to rewrite regulations (Wired)
- DOGE refers dozens of voter fraud cases to DOJ (The Hill)
Grift, Graft, Greed
- A DOGE aide involved in dismantling Consumer Bureau owns stock in companies that could benefit from the cuts (ProPublica)
- Secret deals, foreign investments, presidential policy changes: The rise of Trump’s crypto firm (New York Times)
- At a Dubai conference, Trump’s conflicts take center stage (New York Times)
In the States
- Are local officials duty-bound to certify elections? Arizona ruling creates new doubt. (Votebeat)
- Casey DeSantis in spotlight amid Hope Florida allegations (The Hill)
- Court of Appeals clears path for Republicans to take over NC Board of Elections. Stein to appeal (WRAL)
- Wisconsin high court suspends Milwaukee judge accused of helping man evade immigration authorities (Associated Press)
LGBTQ+ Rights
- Pentagon to resume medical care for transgender troops (Politico)
- Trump’s health agency urges therapy for transgender youth, not broader gender-affirming health care (Associated Press)
- High court reinstates enforcement of Ohio’s ban on gender-affirming care for minors during appeal (Associated Press)
- Iowa could ban trans care under Medicaid (Newsweek)
Abortion and Reproductive Rights
- Bill allowing Texans to sue abortion pill distributors for $100,000 passes Texas Senate (Texas Public Radio)
- Texas Senate approves legislation to clarify exceptions to abortion ban (ProPublica)
- Proposed abortion ban one vote away from Missouri ballot (Missouri Independent)
- Judge pauses old Nevada law requiring parental notification for minors to get abortion (Associated Press)
Government Transparency & Public Records Law
- Wyoming legislators to review public records, open meetings laws (WyoFile)
- ACLU of Iowa sues Reynolds over access to government records (Iowa Capital Dispatch)
Immigration
- Trump’s use of Alien Enemies Act for swift deportations is illegal, Trump-appointed judge rules (Politico)
- DEA says more than 100 undocumented immigrants were detained in a Colorado raid (New York Times)
- Judge orders Border Patrol to halt illegal stops in the Central Valley after dozens arrested in raids (Los Angeles Times)
- ‘We’re citizens!’: Oklahoma City family traumatized after ICE raids home, but they weren’t suspects (KFOR)
- Judge frees Columbia student activist whom Trump administration wants to deport (Politico)
- A mother and father were deported. What happened to their toddler? (New York Times)
- USPS law enforcement assists Trump ‘mass deportation’ effort, sources and records show (Washington Post)
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