In a significant development, Special Counsel Hampton Dellinger has announced his decision to withdraw a lawsuit aimed at overturning his dismissal by former President Donald Trump. This move opens the door for Trump to appoint a new leader for the Office of Special Counsel (OSC), an agency responsible for safeguarding federal employees and whistleblowers against prohibited personnel practices.
On March 1, a district judge issued a ruling that blocked Dellinger's firing. However, on Wednesday, the U.S. Court of Appeals for the D.C. Circuit granted permission for Dellinger to be removed while it reviews the Trump administration’s appeal. In a statement, Dellinger expressed his concerns about the implications of this ruling, stating, “This new ruling means that OSC will be run by someone totally beholden to the president for the months that would pass before I could get a final decision from the U.S. Supreme Court.”
Dellinger criticized the circuit judges for their decision, which he believes undermines the independence that Congress intended for his position. He emphasized that this independence has been a crucial protection, accepted as lawful for almost fifty years. “Given the circuit court’s adverse ruling, I think my odds of ultimately prevailing before the Supreme Court are long,” he added.
Dellinger was appointed by former President Joe Biden and confirmed by the Senate in 2024 for a five-year term. His removal came as a surprise, particularly as he received a termination notice from the White House on February 7 without any specified justification. His lawsuit contended that special counsels can only be removed for reasons such as inefficiency, neglect of duty, or malfeasance in office.
As of now, the Office of Special Counsel has not disclosed who will serve as the acting head of the agency following Dellinger’s withdrawal. Previously, Trump had appointed Veterans Affairs Secretary Doug Collins as the acting leader of the OSC, but this was short-lived after the district judge reinstated Dellinger while considering his lawsuit.
On a noteworthy note, Dellinger recently achieved a temporary reinstatement for thousands of probationary employees at the Agriculture Department. This decision came after he ruled that the mass firings of recently hired, promoted, or transferred government workers were unlawful.
Thursday would have marked the one-year anniversary of Dellinger's appointment as special counsel. During his tenure, he made headlines by accusing senior Biden White House official Neera Tanden of violating the Hatch Act through her social media activities aimed at fundraising for political candidates. Additionally, he found that former Navy Secretary Carlos Del Toro also violated this law with his comments regarding the 2024 presidential election.
In his closing statement, Dellinger expressed gratitude to the OSC staff, his legal team, and, “above all,” to federal employees. He remarked, “You deserve better, much better, than your recent unfair and unlawful treatment from too many parts of the United States government.”
