News reports revealed that some of the nation’s highest-ranking national security officials — including the Secretary of State, Director of National Intelligence, and Secretary of Defense — were using Signal, an encrypted app with disappearing messages, to discuss sensitive military and national security operations. These practices risk the permanent loss of federal records in violation of the Federal Records Act and threaten public accountability in matters of national security.
On March 26, 2025, Democracy Forward sent an urgent preservation and recovery request to the National Archives and Records Administration (NARA), demanding immediate action to stop the destruction or removal of these records and to recover any unlawfully deleted messages. The letter emphasized that officials were reportedly using Signal’s disappearing message settings—set to delete conversations after as little as one week—far shorter than federal recordkeeping requirements.
Shortly afterward, Democracy Forward filed suit to compel the government to preserve and produce these communications. On May 14, 2025, we filed a complaint in the U.S. District Court for the District of Columbia seeking injunctive relief to compel three federal agencies—the Departments of Justice, Homeland Security, and State—to comply with the Freedom of Information Act (FOIA) regarding the use of encrypted and auto-deleting messaging apps such as Signal and TeleMessage for official business.
We submitted multiple FOIA requests seeking copies of text and Signal messages sent or received by top officials—including Secretary of State Marco Rubio, Attorney General Pamela Bondi, and DHS Secretary Kristi Noem—related to deportations to El Salvador, the invocation of the Alien Enemies Act, and related foreign-policy actions. The requests also sought details about Signal group names, participants, and message-deletion timelines. Despite extensive public reporting that these officials were conducting sensitive national-security discussions over Signal—including about potential military operations—the agencies issued cursory “no records found” responses or failed to respond entirely.
On September 2, 2025, the U.S. District Court for the District of Columbia granted a stipulated preservation order, directing the State Department to:
Notify Secretary Rubio of his preservation obligations;
Safeguard all Signal and text message records; and
File a declaration within seven days explaining the preservation steps taken and whether any records have been lost.
This order ensures that critical national security records cannot be deleted or concealed while the case proceeds.
The case is Democracy Forward Foundation v. U.S. Department of Justice.