The head of a federal watchdog agency is to remain in his position following a legal ruling issued by a judge in Washington, which declared President Donald Trump’s attempt to dismiss the special counsel as illegal.
The ruling, made by U.S. District Judge Amy Berman Jackson, affirmed Hampton Dellinger’s leadership of the Office of Special Counsel, despite the presidential effort to remove the head of this independent agency.
Initially removed from his position by President Trump, Dellinger filed a lawsuit contesting his dismissal, citing that according to the law, special counsels can be removed only for inefficiency, neglect of duty, or malfeasance in office.
Appointed by Democratic President Barack Obama, Jackson quickly reinstated Dellinger while the legal proceedings were underway. She refused the Trump administration’s argument that the removal protections were unconstitutional since they obstructed the president’s ability to appoint his preferred head of the agency.
In her decision, Judge Jackson noted that allowing the President to dismiss the special counsel at will could undermine critical duties, such as protecting the federal workforce from illegal personnel actions and retaliation against whistleblowers. She emphasized the significance of the special counsel’s role in maintaining continuity amidst political shifts, ensuring that government employees are not subject to improper employment practices or reprisals.
Following the ruling, the Justice Department announced that it will appeal the decision to Washington’s federal appeals court. The matter had previously reached the Supreme Court, which temporarily permitted Dellinger to keep his job.
Dellinger is currently contesting the removal of probationary staff as part of the Trump administration’s extensive government overhaul, leading to a federal board halting several such terminations after Dellinger cited potential legal issues.
“I’m grateful for the court’s affirmation of the job protections provided by Congress,” Dellinger stated, emphasizing his continued determination to defend federal employees and whistleblowers against unlawful practices.
The judge highlighted the special counsel’s “unique status and mission,” which necessitates independence from presidential interference to properly fulfill his responsibilities. The office’s duties include investigating whistleblower retaliation claims, pursuing disciplinary actions, and facilitating the disclosure of governmental misconduct.
“Without independence, my removal would discourage federal employees from approaching me,” Dellinger mentioned outside a federal courthouse.
Additionally, the Office of Special Counsel enforces the Hatch Act, which limits partisan political activities by government workers. Dellinger’s dismissal came amidst Trump administration workers publicly showing support for his policies on social media, contrary to the Hatch Act’s guidelines.
The Justice Department argued strongly to the Supreme Court that the dismissal of the head of a relatively obscure federal agency was justified, with Acting Solicitor General Sarah Harris stating the lower court’s decision had exceeded constitutional boundaries by preventing Trump’s attempt to shape his administration’s early agenda.
Hampton Dellinger was appointed by Democratic President Joe Biden and his appointment was ratified by the Senate for a term in 2024.
Judge Upholds Watchdog Chief’s Position, Rejects Trump’s Ouster
