WASHINGTON — A federal judge has ruled that the head of the Office of Special Counsel, Hampton Dellinger, will remain in his position, rejecting President Donald Trump’s attempt to remove him from office. This ruling underscores the limits of presidential authority over independent agencies.
U.S. District Judge Amy Berman Jackson sided with Dellinger in a pivotal legal dispute that may soon escalate to the U.S. Supreme Court. The case centers on whether a president can dismiss a special counsel, with Jackson asserting that such actions are governed by specific legal standards, including inefficiency, neglect of duty, or malfeasance in office.
Dellinger, who was fired by Trump, swiftly took legal action, with Jackson reinstating him while his case moves forward. The judge dismissed the claims from the Trump administration that the protections for special counsels infringe upon presidential powers.
In her decision, Judge Jackson emphasized the importance of protecting the special counsel’s independence, stating that allowing the president unrestrained removal powers could undermine the integrity of federal oversight and deter whistleblowers from reporting misconduct.
“The Special Counsel is supposed to withstand the winds of political change and help ensure that no government servant of either party faces reprisals for calling out wrongdoing,” Jackson noted in her ruling.
The Justice Department has indicated plans to appeal the ruling, continuing a legal battle that has already reached the Supreme Court once before, where Dellinger’s temporary reinstatement was allowed.
This ruling comes amid ongoing concerns surrounding Dellinger’s efforts to address the termination of probationary employees, which were initiated during the upheaval of the Trump administration’s restructuring of federal agencies. A federal board recently intervened to halt these dismissals, citing potential illegality.
Dellinger expressed his gratitude for the court’s support of the legal protections surrounding his role, reaffirming his commitment to safeguarding federal employees and whistleblowers against unlawful practices.
Judge Jackson further acknowledged that the special counsel’s distinct responsibilities necessitate independence from presidential influence to effectively investigate instances of retaliation and misconduct in the government.
Dellinger, appointed by President Joe Biden and confirmed by the Senate to serve a five-year term starting in 2024, emphasized the critical nature of his position in upholding the standards established by Congress to protect federal workers.
