WASHINGTON – On Wednesday, an appeals court in Washington removed the head of a federal watchdog agency, the latest twist in the legal battle over Republican President Donald Trump’s authority to fire the special counsel.
A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit sided with the Trump administration in allowing Hampton Dellinger’s immediate removal from the Office of Special Counsel, while legal arguments over Dellinger’s firing continue.
The case has become a flashpoint in the debate over how much authority the president should have to replace the heads of independent agencies as he seeks to fundamentally reshape and shrink the federal government.
The Trump administration claims that the law protecting the special counsel from removal is unconstitutional and unfairly prevents the president from properly appointing his preferred agency head.
Dellinger’s lawyers argue that allowing the president to fire the special counsel without cause would undermine the office’s important role in protecting whistleblowers from retaliation. Dellinger has also been working in recent days to challenge Trump’s firing of thousands of probationary employees, but his abrupt departure calls those efforts into question.
Dellinger did not immediately return a request for comment Wednesday evening. He is likely to file an appeal with the United States Supreme Court.
Dellinger sued Trump last month, claiming he was fired illegally because special counsels can only be fired by the president “only for inefficiency, neglect of duty, or malfeasance in office.” U.S. District Judge Amy Berman Jackson, who was appointed to the bench by Democratic President Barack Obama, quickly reinstated Dellinger in his position while he pursued his legal case.
Jackson ruled on Saturday that Dellinger’s firing was illegal and ordered him to remain in his position. However, the appeals court overturned Jackson’s order blocking his removal, allowing the Trump administration to replace him while the judges consider the legal arguments.
The Office of Special Counsel is in charge of protecting the federal workforce from illegal personnel actions, such as retaliation for whistleblowing. It investigates whistleblower claims of retaliation, can take disciplinary action against employees who punish whistleblowers, and offers a channel for employees to report government wrongdoings.
Dellinger was appointed by Democratic President Joe Biden and confirmed by the Senate for a five-year term in 2024. The independent agency differs from Justice Department special counsels, such as Jack Smith, who are appointed by the attorney general for specific investigations.
Following a request from Dellinger’s office, a government panel that enforces workers’ rights ruled Wednesday that more than 5,000 employees fired by the Trump administration should be reinstated at the US Department of Agriculture.
While the order only affects USDA employees, Dellinger issued a statement “calling on all federal agencies to voluntarily and immediately rescind any unlawful terminations of probationary employees.”