Democrats warn Trump officials to keep records or risk criminal penalties after midterm victories

A group of Democratic lawmakers are asking leaders in the Trump administration to preserve records in accordance with federal law or risk criminal penalties after voters across the country gave Democrats control of Congress.

In a letter sent out to department and agency heads Wednesday morning, Bobby Scott, the top Democrat on the House committee on education and workforce who is expected to become chair next year, noted the requirements to “collect, retain and preserve records that document the ‘transaction of public business’ or contain ‘informational value’ under the Federal Records Act of 1950”.

“The American people have given Congress a clear mandate to root out waste, fraud and abuse within the Administration,” Scott wrote, requesting written reassurance that documents have been preserved by 18 November.

He warned that any federal officials or employees who “willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys” will be subject to fine or imprisonment up to three years.

The letter was sent out to the leaders of 10 different departments and agencies overseen by the House committee including the education, agriculture, and labor departments, along with the Department of Health and Human Services and the National Labor Relations Board (NLRB).

Voters in Tuesday’s election gave Democrats a resounding victory across the country, with wins in key toss-up races that will give the party comfortable majorities in the House and Senate. With their majorities, the Democrats will have the new oversight authority that will allow them to subpoena and investigate those within the Trump administration.

Over the last two years, the Trump administration has dramatically overhauled the federal government and reduced its workforce. The Department of Education alone has seen its workforce cut in half after Donald Trump took office, with the administration declaring that education oversight should be managed by the states. The administration has also been working to scale back worker protections upheld by the Occupational Safety and Health Administration (Osha) and reduce federal vaccine requirements overseen by Health and Human Services.

Earlier this year, Scott told US education secretary Linda McMahon that instead of returning education to the states, the reduction “has empowered you to effectively dismantle one of the country’s strongest civil rights institutions”. In September, Scott said that if he becomes chair of the education and workforce committee, he would “conduct vigorous oversight” into the Department of Education.

Democrats across Congress have vowed to get busy after Tuesday’s election. Robert Garcia, the ranking member of the House oversight committee, told Republicans to “lawyer up” after the blue wave, vowing to start investigations into Trump’s business dealings, the immigration crackdowns and the administration’s handling of the Epstein files.