A federal appeals court has allowed the Trump administration to remove Hampton Dellinger from his position as head of the Office of Special Counsel. This decision comes while a lawsuit about his firing is ongoing.
Just days earlier, a federal judge ruled that President Trump’s attempt to fire Dellinger was unlawful. The judge stated that Dellinger protects federal workers who report illegal or unethical actions. Dellinger then sued, claiming his dismissal violated a federal law that states special counsels can only be removed for specific reasons like poor performance or misconduct.
The appeals court, in a unanimous decision, did not rule out Dellinger’s chance to return but allowed the removal to stand during the appeals process. They set a schedule for the case to be expedited, with oral arguments to follow once both sides submit their briefs by April 11.
This case has even reached the Supreme Court briefly, making it a significant issue regarding presidential powers. Dellinger had been appointed in March 2024 and confirmed by the Senate. His removal was part of a larger strategy to decrease the number of federal employees.
Judge Amy Berman Jackson, who previously ruled against Trump’s action, emphasized that it would undermine the Office of Special Counsel’s mission if Dellinger feared removal for doing his job. The Department of Justice reacted swiftly, filing for an emergency stay of Jackson’s ruling.
The appeals court agreed to this request, allowing Dellinger’s removal to stay in effect. This case highlights critical issues surrounding the protections for whistleblowers and the limits of presidential powers regarding appointees.
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