The judge determined that Hampton Dellinger is permitted to continue serving as the head of the Office of Special Counsel for the duration of his term.
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The White House in Washington, D.C., in July 2024. |
March 2, 2025, 9:39 AM GMT+6
A federal judge in Washington, D.C., ruled on Saturday that President Donald Trump's attempt to remove the head of a federal watchdog agency was "unlawful."
This ruling blocks Trump's effort to dismiss Hampton Dellinger as the head of the Office of Special Counsel, potentially paving the way for a Supreme Court battle.
Judge Jackson wrote in her ruling, “The Special Counsel’s role is to investigate and expose unethical or illegal practices against federal employees and ensure whistleblowers can report fraud, waste, and abuse without facing retaliation.” She continued, saying that it would be “ironic” and counterproductive to the goals of the statute if the Special Counsel could be removed arbitrarily or for partisan reasons, potentially compromising his work.
Trump removed Dellinger via email last month as part of his administration’s broader efforts to reduce the federal workforce, which included firing nearly two dozen other government watchdogs.
Dellinger swiftly challenged his termination, arguing it violated federal law, which specifies that special counsels can only be removed by the president "for inefficiency, neglect of duty, or malfeasance in office."
His lawsuit stated that the email announcing his removal did not meet the required legal standard, as it merely stated: “On behalf of President Donald J. Trump, I am writing to inform you that your position as Special Counsel of the US Office of Special Counsel is terminated, effective immediately.” In response, Jackson issued a stay on February 10, preventing Dellinger’s removal while his case moved forward, followed by a temporary restraining order that extended the hold for two more weeks.
The Trump administration appealed the ruling to the U.S. Circuit Court of Appeals for the District of Columbia, which upheld the lower court's decision with a 2-1 vote.
The Justice Department argued that the ruling hampered Trump’s ability to manage the executive branch and that denying him the power to remove officials like Dellinger caused significant harm to the separation of powers. The DOJ petitioned the Supreme Court, urging it to affirm Trump’s authority to fire Dellinger, warning that failing to do so would "irreparably harm the Presidency by curbing the President’s ability to manage the Executive Branch."
The Supreme Court temporarily allowed the decision to stand, keeping Dellinger in his position while the case proceeded in the lower courts.
As the head of the Office of Special Counsel, Dellinger is responsible for protecting federal employees from prohibited personnel practices, including retaliation for whistleblowing. In his ruling, Judge Jackson noted that Dellinger argued that allowing the president to remove him without cause would undermine his office's ability to function. Dellinger told reporters last week, "If I don't have independence, if I can be removed for no good reason, federal employees are going to have no good reason to come to me."
The White House did not immediately comment on the ruling, but shortly afterward, the Trump administration filed an appeal with the D.C. Circuit Court.
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