GAO Clears DOGE at NLRB — But the Agency Deleted the Access Logs First

A new Government Accountability Office report on DOGE's activity at the National Labor Relations Board reads, at first glance, like an all-clear. But a footnote buried in that same report undercuts the headline: before investigators could examine the systems in question, the NLRB deleted the very access records GAO needed to verify what happened.

What the Whistleblower Complaint Alleged

Last year, a whistleblower inside the NLRB alleged that DOGE detailees received "tenant owner" level access to the agency's IT systems — a level of access that exceeded even what the agency's own IT chief held, sufficient to read, copy, or alter data across the system. The agency's Inspector General opened an investigation into the complaint. That investigation remains open.

What the GAO Report Found — and What the Footnote Reveals

This spring, GAO published its report, titled to suggest DOGE detailees "did not access" NLRB IT systems during the window it reviewed. But according to the report's own footnote, the NLRB deleted the DOGE access accounts and the logs showing what was touched, and when, before investigators could examine them. GAO acknowledged it could not independently verify staff's account of events because the underlying records no longer existed. In effect, the window was cleared using records that had already been erased.

Three Federal Records Laws Now in Question

• Retention requirements. Access logs for sensitive systems are generally subject to a six-year retention requirement under the General Records Schedule. The records at issue here were only months old when they were deleted.
• The Federal Records Act. Under 44 U.S.C. § 3106, when federal records are unlawfully removed or destroyed, the head of the agency is required to report that fact to the Archivist of the United States and to the Attorney General.
• Criminal exposure. Willfully destroying federal records is a crime under 18 U.S.C. § 2071, punishable by up to three years in prison; an official who has custody of such records and willfully destroys them also forfeits their office and is barred from further federal employment.

The Honest Caveat

The criminal statute requires willful destruction, and the GAO report does not say who deleted the records or why. No one has been charged. What is clear is that records central to an open Inspector General investigation are gone, and it remains an open question whether the required report to the National Archives and the Department of Justice was ever made.

What This Means for Federal Employees

The systems at issue hold employees' personnel and pay records, and at the NLRB specifically, the identities of whistleblowers and the case files behind unfair labor practice charges. If you reported wrongdoing and have since watched records or access logs disappear from an investigation you are part of, that concern is not unfounded — federal law requires those records to be preserved and their destruction to be reported.

If you blew the whistle and are now facing retaliation — including situations where the evidence behind your complaint has gone missing — the federal employee lawyers at Southworth PC can help you understand your options.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.