In a significant development in the legal battle over presidential authority, the Washington appeals court decided to remove the leader of a federal oversight agency on Wednesday. This recent decision is part of an ongoing dispute regarding the power of former President Donald Trump to dismiss the special counsel.
A trio of judges from the U.S. Court of Appeals for the D.C. Circuit ruled in favor of the Trump administration, which allows the prompt removal of Hampton Dellinger from his role at the Office of Special Counsel while deliberations over the legality of his dismissal continue.
This case has emerged as a pivotal issue concerning the extent of presidential power in replacing heads of independent agencies amidst efforts to reform and decrease the size of the federal government. The Trump administration has maintained the position that existing laws protecting the special counsel from dismissal are unconstitutional and hinder the rightful appointment of agency leaders by the president.
Dellinger’s legal team contends that granting the president authority to dismiss the special counsel without just cause could undermine the crucial responsibilities of the office, which include safeguarding whistleblowers from retaliation. Furthermore, Dellinger had been active in challenging the dismissal of thousands of probationary employees initiated by Trump, but his abrupt removal casts doubt on these endeavors.
As of Wednesday evening, Dellinger had not provided a comment on the situation and is expected to appeal to the U.S. Supreme Court. Last month, Dellinger filed a lawsuit against Trump, alleging his termination was illegal, asserting that special counsels can be removed solely for inefficiency, neglect of duty, or malfeasance. Originally, U.S. District Judge Amy Berman Jackson, appointed by President Barack Obama, reinstated Dellinger to his position during the legal proceedings.
Judge Jackson recently declared that Dellinger’s dismissal was unlawful and issued an order for him to maintain his role. However, the appeals court overturned Jackson’s decision, thereby enabling the Trump administration to appoint a replacement as the judiciary examines the case.
The Office of Special Counsel plays a critical role in protecting federal employees from illegal personnel actions, such as whistleblower retaliation. This agency investigates claims of reprisal, can impose disciplinary measures on retaliating employees, and offers a platform for reporting government misconduct.
Dellinger was appointed by President Joe Biden and confirmed for a five-year tenure commencing in 2024. The independent agency operates separately from the Justice Department’s special counsels who are selected for specific investigations.
Following a request from Dellinger’s office, a government labor panel advocating for workers’ rights ruled that over 5,000 U.S. Department of Agriculture employees dismissed by the Trump administration should be reinstated. While this decision is limited to USDA employees, Dellinger issued a statement urging all federal agencies to reverse any unlawful terminations of probationary staff immediately.
