A U.S. District Judge has ordered the reinstatement of a former head of the Office of Special Counsel (OSC) after a legal dispute arose regarding his dismissal by President Donald Trump. The ruling by Judge Amy Berman Jackson arrived shortly after Hampton Dellinger launched a lawsuit contesting his firing as the director of the agency tasked with protecting whistleblowers against unlawful employment practices.
Judge Jackson mandated that Dellinger be allowed to continue his role as special counsel until at least midnight Thursday while she evaluates his request for a temporary restraining order to maintain his position. The judge emphasized that the Trump administration must not obstruct Dellinger’s access to the agency’s resources or acknowledge any alternate individual as special counsel. Following the decision, Dellinger expressed his appreciation and confirmed via email that he was resuming his duties immediately.
In response to the ruling, the Trump administration swiftly submitted legal documents indicating their intent to appeal. Dellinger’s termination was part of Trump’s broader initiative to reform the federal government, a move that has raised concerns as it challenges longstanding civil service protections by aiming to disband federal agencies and remove employees.
In a related development, the U.S. Office of Government Ethics announced on its website that David Huitema, the agency’s director and a Senate-confirmed official, was also removed, mirroring Dellinger’s situation. The White House had previously stated that Department of Veterans Affairs Secretary Doug Collins would take over the leadership of both the OSC and the Ethics Office. Huitema expressed his discontent over his unexpected removal, which he learned of through an email that lacked any justification. He expressed disappointment but reaffirmed his dedication to the office’s objectives.
Dellinger was informed of his dismissal through a late-night email from the White House personnel director. In his lawsuit, filed in a federal court in Washington, he pointed out that a president can only dismiss special counsels for inefficiency, neglect of duty, or misconduct. Dellinger contended that the push to remove him was without factual or legal merit, labeling it illegal.
The OSC is responsible for examining claims of whistleblower retaliation, taking disciplinary measures against offending employees, and providing a secure avenue for government staff to report misconduct. In his legal action, Dellinger asserted that the office’s capacity to safeguard civil service protections is crucial, especially in light of an unprecedented wave of dismissals of federal employees recently.
Stephen Kohn, the chair of the National Whistleblower Center, denounced Dellinger’s firing as reckless and perilous. He stated that such actions threaten an essential government program that has helped save taxpayers substantial amounts of money and seeks to promote the reporting of misconduct. Kohn further noted that the OSC maintains confidential records of numerous whistleblowers who are now at risk of exposure due to the recent developments.
In addition to whistleblower protections, the OSC oversees enforcement of the Hatch Act, which limits the political activities of government employees. Dellinger’s firing emerges amid instances of administration personnel publicly endorsing Trump’s policies via social media, despite the act’s intent to restrict political campaigning during official duties.
The OSC operates independently from special counsels appointed by the Justice Department for specific probes, such as Jack Smith. Prior to his role at the OSC, Dellinger served as the assistant attorney general in the Biden administration, overseeing the Office of Legal Policy, and held positions as deputy attorney general in North Carolina’s Department of Justice and chief legal counsel for the state’s governor.
