In a significant ruling, a federal judge in Washington has determined that the head of the Office of Special Counsel, Hampton Dellinger, must retain his position. This decision comes in light of President Donald Trump’s attempt to remove the special counsel, which the court deemed unlawful. U.S. District Judge Amy Berman Jackson sided with Dellinger in a legal confrontation regarding the president's authority to dismiss the leader of this independent agency. The case is poised for further examination by the U.S. Supreme Court.
Dellinger initiated legal action against Trump last month after his dismissal, despite existing laws stipulating that special counsels can only be removed by the president for reasons of inefficiency, neglect of duty, or malfeasance in office. Judge Jackson, appointed by former Democratic President Barack Obama, swiftly reinstated Dellinger while he pursued his legal case. The judge rejected arguments from the Trump administration which claimed that the protections against the removal of the special counsel were unconstitutional, asserting that they hindered the president’s ability to appoint his preferred agency head.
Judge Jackson articulated that permitting the president to dismiss the special counsel without sufficient cause would create a detrimental impact on his essential duties. These responsibilities include safeguarding the federal workforce from illegal actions, such as retaliation against whistleblowers. In her ruling, Jackson emphasized, “The Special Counsel is supposed to withstand the winds of political change and help ensure that no government servant of either party becomes the subject of prohibited employment practices or faces reprisals for calling out wrongdoing.”
The Justice Department has already filed documents indicating their intent to challenge this ruling in Washington’s federal appeals court. This case has previously reached the Supreme Court, which granted a temporary order allowing Dellinger to remain in his position while the legal battles unfolded. The ongoing litigation is particularly relevant as Dellinger is currently contesting the dismissal of probationary workers who were terminated during the Trump administration's extensive governmental reforms.
In light of the ruling, Dellinger expressed gratitude for the court's affirmation of the importance and legality of the job protections afforded to his position. He stated, “I’m glad and grateful to see the court confirm the importance and legality of the job protections Congress afforded my position. My efforts to protect federal employees generally, and whistleblowers in particular, from unlawful treatment will continue.”
Judge Jackson underscored the unique status and mission of the special counsel, which necessitates independence from presidential influence to effectively perform its duties. The Office of Special Counsel is tasked with investigating claims of retaliation against whistleblowers, pursuing disciplinary actions against those who retaliate, and providing a safe channel for employees to report government misconduct. Dellinger articulated the importance of this independence, stating, “If I don’t have independence, if I can be removed for no good reason, federal employees are going to have no good reason to come to me.”
Additionally, the Office of Special Counsel is responsible for enforcing the Hatch Act, which limits the political activities of government employees. Dellinger’s recent dismissal emerged amid reports of Trump administration employees publicly supporting his policies on social media, despite the Hatch Act’s intention to restrict political advocacy while on duty.
The Justice Department employed forceful language in its arguments to the Supreme Court, asserting that the lower court had breached a “constitutional red line” by preventing Dellinger’s dismissal, thereby obstructing Trump’s ability to shape the direction of an executive agency during the critical early days of his administration. Dellinger was appointed by Democratic President Joe Biden and is confirmed to serve a five-year term that extends until 2024.
