The Trump administration has asked the U.S. Supreme Court to step in and allow the removal of Hampton Dellinger, the head of the independent Office of Special Counsel. This marks the first legal battle involving Trump’s actions to reach the nation’s highest court since he took office in January.
The Justice Department has requested the court lift a federal judge’s February 12 order that temporarily blocked Trump’s move to fire Dellinger, pending further legal proceedings. The case, which has not yet been formally docketed by the court, could provide insight into how the Supreme Court might view Trump’s efforts to reshape federal agencies, including removing heads of independent agencies. With a conservative majority on the court, three of the justices were appointed by Trump himself.
In its filing, the Justice Department argued that the judge’s decision to block Dellinger’s firing was an “unprecedented assault on the separation of powers.” Acting Solicitor General Sarah Harris stated that the lower courts should not have the power to dictate how long the president must retain an agency head against his will.
Dellinger, who was appointed by former President Joe Biden, had his five-year term set to expire in 2029. After receiving an email on February 7 notifying him of his immediate removal, Dellinger filed a lawsuit claiming Trump had exceeded his authority, as federal law allows removal only for specific reasons like “inefficiency, neglect of duty, or malfeasance.”
In his lawsuit, Dellinger argued that the work of the Special Counsel’s office — which protects whistleblowers and investigates misconduct in federal agencies — is needed now more than ever, especially with the growing number of federal employees being terminated without cause.
On February 12, U.S. District Judge Amy Berman Jackson issued a temporary restraining order, reinstating Dellinger to his position. Judge Jackson noted that Trump’s attempt to fire Dellinger without a clear cause likely violates federal law designed to protect the independence of the Special Counsel. “This language expresses Congress’s clear intent to ensure the independence of the Special Counsel and insulate his work from political pressures,” Jackson wrote.
The Trump administration’s appeal was rejected by the U.S. Circuit Court of Appeals for the District of Columbia on Saturday, which ruled the appeal was premature due to the temporary nature of the restraining order.
The Office of Special Counsel plays a critical role in safeguarding whistleblowers who report misconduct in federal agencies, enforcing laws like the Hatch Act that limits political activities by federal employees. Trump’s attempt to remove Dellinger is the latest in a series of moves to dismiss officials overseeing government investigations. Last month, Trump fired 17 inspectors general without offering reasons for their removal.
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