Judge Boasberg orders Rubio to refer Trump officials' Signal messages to DOJ to ensure preservation

Judge Boasberg said Trump officials likely neglected record-keeping duties using auto-deleting Signal messages and ordered Rubio to refer existing messages to the Justice Department

U.S. Secretary of State Marco Rubio announced new policies surrounding visas. (Anna Moneymaker/Getty Images)

The judge said American Oversight, the left-leaning watchdog that brought the lawsuit, made a strong case that the Cabinet officials have used Signal, an encrypted messaging app, to communicate for work purposes and that they have allowed the messages to auto-delete, likely rendering them permanently lost.

But in the context of the Federal Records Act, Boasberg said he had limited options to address American Oversight’s allegations aside from demanding that Rubio ask Attorney General Pam Bondi to ensure compliance with the law for existing Signal messages that were at risk of deletion.

Chioma Chukwu, executive director of American Oversight, indicated in a statement that the group's lawsuit was over for now but that it was "fully prepared" to sue again if it found the Trump administration failed to comply with Boabsberg's order.

JUDGE TELLS GOVERNMENT WATCHDOGS FIRED BY TRUMP THERE'S NOT MUCH SHE CAN DO FOR THEM

"It should never have required court intervention to compel the acting Archivist and other agency heads to perform their basic legal duties, let alone to refer the matter to the Attorney General for enforcement," Chukwu said.

The explosive Signal incident involved Rubio, Secretary of Defense Pete Hegseth, CIA Director John Ratcliffe, Director of National Intelligence Tulsi Gabbard, and others communicating about their attack plans in a chat group after then-National Security Adviser Mike Walz apparently accidentally added an Atlantic journalist to the chat.

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The Trump administration denied wrongdoing and insisted the communication was not "classified." Bondi dodged a question during a press conference about investigating the incident and instead doubled down on the White House’s claims that the chat was merely "sensitive" and not "classified."

The Pentagon inspector general launched an investigation into the incident in April in response to a bipartisan request from the Senate Armed Services Committee.

Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.

https://www.foxnews.com/politics/judge-boasberg-orders-rubio-refer-trump-officials-signal-messages-doj-ensure-preservation