A federal judge in Washington, D.C., ruled late Saturday that President Donald Trump’s firing of Hampton Dellinger

 

The Trump administration filed its notice of appeal to the U.S. Court of Appeals for the District of Columbia Circuit shortly after Jackson's ruling.  

A federal judge in Washington, D.C., ruled late Saturday that President Donald Trump’s firing of Hampton Dellinger, head of the Office of Special Counsel, was unlawful, allowing Dellinger to remain in his position. Dellinger, appointed by former President Joe Biden, had sued the Trump administration following his dismissal on February 7. The Trump administration quickly filed a notice of appeal with the U.S. Court of Appeals for the District of Columbia Circuit after the ruling.

District Judge Amy Berman Jackson, in her Saturday filing, stated that the decision aligns with Supreme Court precedent. She argued that stripping away restrictions on Dellinger’s removal would undermine the core independence of the Office of Special Counsel, as envisioned by Congress and enacted into law. "The elimination of these restrictions would be fatal to the defining and essential feature of the office: its independence," Jackson wrote. "The Court concludes that they must stand."

Jackson issued an injunction against key administration officials, including Office of Management and Budget Director Russ Vought and Treasury Secretary Scott Bessent, ordering them to recognize Dellinger’s authority and refrain from obstructing his duties. The order prohibits them from denying him resources, recognizing an acting special counsel in his place, or treating him as removed unless his dismissal complies with the governing statute. Notably, the injunction does not directly apply to Trump himself. 
Jackson emphasized, "It would be ironic, to say the least, and contrary to the statute’s purpose if the Special Counsel could be chilled in his work by fear of arbitrary or partisan removal."
The ruling follows hints from Jackson that she might extend a temporary restraining order keeping Dellinger in his role, a measure initially supported when the Supreme Court paused Trump’s efforts to fire him. Justices Sonia Sotomayor and Ketanji Brown Jackson had previously voted to outright reject the administration’s request to approve the dismissal. During a hearing, Jackson described the case as "an extraordinarily difficult constitutional issue."

Dellinger welcomed the decision, stating, "I am glad to continue my work as an independent government watchdog and whistleblower advocate. I am grateful to the judges and justices who have ruled that I should remain on the job while the courts determine whether my office can retain independence from direct partisan control." He has consistently argued that, under the law, he can only be removed for job performance issues—none of which were cited in the email notifying him of his firing.
The Trump administration’s appeal is now pending before the D.C. Circuit Court.

0 Comments