A federal appeals court in Washington, D.C., on Wednesday dismissed the head of a federal oversight agency, marking the latest development in a legal dispute regarding President Trump’s authority to dismiss the special counsel.
The U.S. Court of Appeals for the District of Columbia ruled in favor of the Trump administration, permitting the immediate ousting of Hampton Dellinger as the head of the Office of Special Counsel while the legal proceedings are ongoing. Dellinger is expected to appeal to the U.S. Supreme Court.
Last month, Dellinger filed a lawsuit against Mr. Trump after his dismissal, despite the law stating that special counsels can only be removed by the president “for inefficiency, neglect of duty, or malfeasance in office.” U.S. District Judge Amy Berman Jackson, nominated to the court by Democratic President Barack Obama, swiftly reinstated Dellinger in his position while he pursued his legal case.
Dellinger’s legal team argues that allowing the president to terminate the special counsel without cause could create a chilling effect on the critical responsibilities of the office, which aims to safeguard whistleblowers. This ruling coincides with Dellinger’s challenge against the termination of probationary workers who were let go during the Trump administration’s restructuring of the federal government.
The Trump administration contends that the law shielding the special counsel from removal is unconstitutional and unduly restricts the president’s ability to appoint his preferred agency leader.
On Saturday, Judge Jackson determined that Dellinger’s dismissal was unlawful and ordered his retention in the role. However, the appeals court subsequently lifted Jackson’s order that had prevented his removal while considering legal arguments in the case.
The Office of Special Counsel is tasked with protecting the federal workforce from illegal personnel actions, including retaliation against whistleblowers. It investigates claims of reprisal, can initiate disciplinary measures against employees who retaliate against whistleblowers, and provides a channel for employees to report governmental misconduct.
In response to a request from Dellinger’s office, a government panel responsible for enforcing workers’ rights ruled on Wednesday that over 5,000 employees dismissed by the Trump administration should be reinstated at the U.S. Department of Agriculture.
While this ruling pertains only to USDA employees, Dellinger issued a statement urging all federal agencies to voluntarily and promptly reverse any unlawful terminations of probationary employees.
