WASHINGTON (AP) — The Trump administration is seeking the intervention of the Supreme Court to allow the dismissal of the head of the Office of Special Counsel, the federal agency tasked with protecting whistleblowers. According to documents obtained on Sunday, this marks the first appeal to the justices since President Donald Trump began his second term.
This emergency appeal is expected to be the first of many from the legal team of the Republican president, as they aim to reverse lower court rulings hindering Trump's second-term agenda. The Justice Department's filing, retrieved by The Associated Press, requests the conservative-majority court to overturn a judge's order that temporarily reinstated Hampton Dellinger as the leader of the Office of Special Counsel.
Dellinger contends that the law specifies he can only be removed for issues related to job performance, which were not mentioned in the email that dismissed him. The petition emerged shortly after a split appeals court panel, on procedural grounds, declined to lift the order filed Wednesday, set to expire on February 26.
The case is not expected to be entered on the docket until after the Supreme Court reconvenes following the Presidents Day holiday weekend. The earliest possible action from the justices is anticipated on Tuesday. It remains uncertain how the conservative-led court, which includes three justices appointed by Trump during his first term, will respond to the case.
The dispute began last week when Dellinger filed a lawsuit challenging his removal as head of the Office of Special Counsel. This office is instrumental in safeguarding the federal workforce from illegal personnel actions, including retaliation against whistleblowers. Dellinger, appointed by Democratic President Joe Biden and confirmed by the Senate for a five-year term in 2024, emphasized the agency's critical role amid an "unprecedented" spate of dismissals of federal employees with civil service protections by the Trump administration.
The Trump administration argues that the order reinstating Dellinger for two weeks during the judge's deliberation constitutes an unacceptable intrusion on executive power. The brief references the Supreme Court decision that granted Trump immunity from criminal prosecution, underscoring a robust interpretation of executive authority.
The independent Office of Special Counsel is distinct from Justice Department special counsels, such as Jack Smith, who are appointed by the attorney general for specific investigations, including Smith's criminal probe of Trump before his return to the White House.
