An appeals court in Washington removed the head of a federal watchdog agency on Wednesday in the latest twist in a legal fight over Republican President Donald Trump's authority to fire the special counsel.
A three-judge panel on the US Court of Appeals for the DC Circuit sided with the Trump administration in allowing the immediate removal of Hampton Dellinger from the Office of Special Counsel while arguments continue over the legality of Dellinger's firing.
The case has become a flashpoint in the debate over how much power the president should have to replace the leaders of independent agencies as he moves to radically reshape and shrink the federal government.
The Trump administration has argued that the law protecting the special counsel from removal is unconstitutional and unfairly prevents the president from rightfully installing his preferred agency head.
Dellinger’s lawyers say allowing the president to fire the special counsel without cause would have a chilling effect on the important duties of the office to protect whistleblowers from retaliation. Dellinger has also been working in recent days to challenge Trump’s firing of thousands of probationary workers, but his sudden removal throws those efforts into doubt.
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Dellinger didn’t immediately respond to a request for comment Wednesday evening. He's likely to appeal to the US Supreme Court.
Dellinger sued Trump last month, saying he was illegally fired because special counsels can be fired by the president “only for inefficiency, neglect of duty, or malfeasance in office.” US District Judge Amy Berman Jackson, who was nominated to the bench by Democratic President Barack Obama, quickly reinstated Dellinger in the job while he pursued his case.
Jackson on Saturday ruled that Dellinger's firing was unlawful and ordered that he remain in his post. But the appeals court lifted Jackson's order blocking his removal, allowing the Trump administration to replace him while the judges weigh the legal arguments.
The Office of Special Counsel is responsible for guarding the federal workforce from illegal personnel actions, such as retaliation for whistleblowing. It investigates whistleblower claims of reprisal, can pursue disciplinary action against employees who punish whistleblowers and provides a channel for employees to disclose government wrongdoing.
Dellinger was appointed by Democratic President Joe Biden and confirmed by the Senate to a five-year term in 2024. The independent agency is separate from Justice Department special counsels like Jack Smith, who are appointed by the attorney general for specific investigations.
After a request from Dellinger's office, a government panel that enforces workers’ rights ruled Wednesday that more than 5,000 employees fired by the Trump administration should be put back on the job at the US Department of Agriculture.
While the order applies only to the USDA workers, Dellinger released a statement “calling on all federal agencies to voluntarily and immediately rescind any unlawful terminations of probationary employees.”