In a significant legal development, the U.S. Court of Appeals for the District of Columbia has ruled in favor of the Trump administration, permitting the immediate removal of Hampton Dellinger, the head of the Office of Special Counsel (OSC). The court’s decision is the latest chapter in the ongoing legal dispute over President Donald Trump’s authority to fire a special counsel.
The ruling comes as the court weighs the legality of President Trump’s power to dismiss special counsels. Dellinger had filed a lawsuit last month challenging his dismissal, asserting that under the law, special counsels can only be removed for “inefficiency, neglect of duty, or malfeasance.” The legal battle took a sharp turn when U.S. District Judge Amy Berman Jackson ruled on Saturday that Dellinger’s firing was unlawful, reinstating him temporarily while his case moved forward. However, the appeals court overruled that decision, allowing Dellinger’s removal to stand for now.
Dellinger’s legal team argues that allowing the president to dismiss a special counsel without just cause would undermine the essential protections the office provides for whistleblowers. These protections safeguard federal employees from retaliation when they report misconduct or wrongdoing.
On the other hand, the Trump administration maintains that the law barring the president from firing a special counsel is unconstitutional. They argue that such restrictions infringe on the president’s ability to appoint his preferred leaders to federal agencies, including the OSC.
The Office of Special Counsel plays a critical role in defending the federal workforce against illegal actions, such as retaliatory firings or discrimination against whistleblowers. The OSC is tasked with investigating allegations of retaliation, enforcing penalties against violators, and providing a safe avenue for federal employees to report government misconduct.
The appeals court’s decision also coincides with Dellinger’s ongoing efforts to challenge the firing of probationary workers, part of a broader shake-up of the federal workforce during the Trump administration. A separate ruling on Wednesday by a government panel led to the reinstatement of over 5,000 employees who were dismissed by the Trump administration from the U.S. Department of Agriculture (USDA). Although the ruling applies only to the USDA workers, Dellinger has called on all federal agencies to voluntarily rescind any illegal terminations of probationary employees.
As this case unfolds, it continues to raise critical questions about the balance of power between the presidency and independent government watchdogs, as well as the protection of federal employees who serve as whistleblowers. Dellinger is expected to pursue an appeal to the U.S. Supreme Court to settle the matter once and for all.
Read more: