Deleted Signal messages leave judge with a stunning question about Trump's FEMA cuts

A federal judge ruled against the Trump administration after deleted Signal messages obscured the origins of a proposed FEMA workforce cut
DHS and FEMA officials used personal phones and auto-delete settings while discussing staffing, according to the court (Getty Images)
DHS and FEMA officials used personal phones and auto-delete settings while discussing staffing, according to the court (Getty Images)

SAN FRANCISCO, CALIFORNIA: A federal judge has ruled that the Trump administration acted unlawfully in directing major staffing decisions at the Federal Emergency Management Agency, but the decision also left behind an unanswered question about a proposed plan to cut FEMA's workforce in half.

US District Judge Susan Illston said relevant messages between senior DHS and FEMA officials were permanently deleted after officials used Signal on personal phones with auto-delete timers.

WAVELAND, MS - SEPTEMBER 10:  A sign for FEMA hangs at the entrance to a disaster assistance distrib
A federal judge questioned the origins of a proposed 50% FEMA workforce cut after relevant Signal messages were deleted (Getty Images)

The court found that the missing communications hampered the unions' case and its own ability to determine what happened.

Illston then raised the central question hanging over the case: how the specific 50% figure originated if FEMA's own supervisors hadn't proposed it?

Judge questions missing staffing evidence

The lawsuit was brought by the American Federation of Government Employees and other unions challenging changes to FEMA's workforce.

According to Illston's Friday, September 11, order, DHS and FEMA officials discussed FEMA and CORE staffing through Signal chats on personal cell phones.

WASHINGTON, DC - DECEMBER 17: House Rules Committee chairman Rep. Jim McGovern (D-MA) holds the gave
The court found that relevant messages discussing FEMA staffing were deleted and could not be recovered (Getty Images)

The officials used auto-delete timers that removed messages within one to four weeks, the court said.

Those messages covered the period most relevant to the dispute and cannot be recovered.

The judge found the deleted communications were relevant and that plaintiffs were prejudiced by their loss.

The court also found that officials acted with the intent to deprive plaintiffs of the messages' use in the litigation.

FEMA never recommended half cuts

The dispute involved a reported plan to reduce FEMA's workforce from roughly 23,000 employees to 11,500 by the end of fiscal year 2026.

The court said DHS ultimately backed away from the proposed 50% reduction after the plan became public. 

The Federal Emergency Management Agency (FEMA) building is seen on May 15, 2025 in Washington, DC. According to an internal agency review obtained by CNN, FEMA “is not ready” for hurricane season which begins on June 1. (Photo by Kayla Bartkowski/Getty Images)
The court said FEMA supervisors did not recommend the proposed 50% reduction in the agency's workforce (Kayla Bartkowski/Getty Images)

But Illston noted that the record raised questions about its origins.

"If FEMA supervisors and the FEMA CHCO did not recommend a 50% staffing cut, where did that number come from?" the judge wrote.

The administration's staffing changes also involved CORE employees, who are full-time disaster response and recovery workers hired for terms lasting between two and four years.

The court said FEMA later resumed renewals, though many workers were offered shorter terms than they had historically received.

DHS overstepped, court finds

Illston granted partial summary judgment to the unions on their Administrative Procedure Act claims and denied the government's cross-motion.

The judge found that DHS had unlawfully taken over authority that Congress assigned to FEMA to make its own personnel decisions.

Sen. Markwayne Mullin (R-OK) becomes emotional as he testifies during a confirmation hearing to be the next Secretary of the Department of Homeland Security in the Dirksen Senate Office Building on March 18, 2026 in Washington, DC. President Trump nominated Mullin to replace Kristi Noem as DHS Secretary. (Photo by Chip Somodevilla/Getty Images)
The judge ruled that DHS unlawfully interfered with FEMA's authority over personnel decisions (Chip Somodevilla/Getty Images)

The ruling cited the Post-Katrina Emergency Management Reform Act, passed after widespread criticism of the federal response to Hurricane Katrina.

The law established FEMA as a distinct entity within DHS and restricted the department's ability to substantially reduce its functions and authority.

Illston ruled that DHS acted unlawfully by interfering with FEMA's staffing decisions and that FEMA officials acted unlawfully by acquiescing to DHS's authority.

Why FEMA staffing still matters

The court has not yet issued final relief and directed both sides to determine what issues remain unresolved.

For Americans, the dispute goes beyond a government staffing fight. 

NORTH MIAMI, FLORIDA - MARCH 09: U.S. Army soldiers from the 2nd Armored Brigade Combat Team, 1st In
FEMA personnel play a central role in responding to disasters and helping communities recover (Getty Images)

FEMA responds to hurricanes, floods, wildfires, and other major disasters, often relying on CORE employees for response and recovery work.

The ruling leaves the administration facing legal questions over FEMA's independence, while the missing Signal messages mean the court may never have a complete record of how the proposed cuts were developed.

The parties have been ordered to continue discussions over what relief should follow.

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