Court Sides With Trump Allowing Removal Of Federal Watchdog Chief
A federal appeals court has ruled that President Donald Trump can proceed with his decision to remove Hampton Dellinger as head of the Office of Special Counsel while the legal battle over his termination continues.
The DC Circuit Court of Appeals granted the Trump administration’s request to halt a previous ruling from Judge Amy Berman Jackson, who had determined the firing was unlawful. The three-judge panel, which included appointees from the Bush, Obama and Trump administrations, agreed that the Justice Department met the requirements for a stay, allowing the dismissal to take effect while the case moves forward.
The Justice Department has maintained that the president has broad authority to remove agency heads at will, arguing that the Constitution grants the executive branch control over appointments and dismissals. Government attorneys contended that Jackson’s ruling overstepped judicial authority and interfered with presidential powers.
Dellinger, a Biden-era appointee, had been leading an independent office that investigates misconduct in federal employment and ensures whistleblowers receive protection from retaliation. His removal has drawn debate over whether the role should be shielded from political influence. Jackson, in her decision, argued that the office was meant to remain independent and should not be subject to removal without cause.
Dellinger may attempt to challenge the appeals court’s decision before the U.S. Supreme Court. The case has already reached the high court once, though justices previously chose to let lower courts handle it before intervening.
The appeals court has set an expedited schedule to review the full case, meaning a final ruling on the issue could be reached in the near future.
