President Trump won a significant legal victory allowing him to fire Biden-appointed Special Counsel Hampton Dellinger for a second time, as a DC Circuit Court of Appeals overturned a lower court’s reinstatement order.
Key Takeaways
- The DC Circuit Court of Appeals has ruled in favor of President Trump, allowing him to remove Special Counsel Hampton Dellinger while legal proceedings continue.
- Dellinger, appointed by Biden and confirmed in 2024 for a five-year term, was initially fired by Trump in February 2025 without specific justification.
- District Judge Amy Berman Jackson had previously reinstated Dellinger, citing a statute that special counsels can only be removed for “inefficiency, neglect of duty, or malfeasance.”
- The Trump administration argues that restrictions on the president’s ability to fire the special counsel are unconstitutional.
- The case is expected to be appealed to the Supreme Court, potentially setting a precedent for presidential authority over independent agencies.
Court Reverses Dellinger’s Reinstatement
The U.S. Court of Appeals for the District of Columbia Circuit has sided with the Trump administration, allowing the removal of Hampton Dellinger from his position as Special Counsel while legal challenges to his firing continue. This decision overturns the earlier ruling by U.S. District Judge Amy Berman Jackson, who had ordered Dellinger’s reinstatement after President Trump initially terminated him in February 2025. The appeals court has expedited the case, with briefing materials due by April 11, while Dellinger is barred from serving in his role during the interim period.
Dellinger was appointed by former President Biden and confirmed by the Senate in 2024 for a five-year term to lead the Office of Special Counsel, an independent agency responsible for investigating illegal personnel actions in the federal government and protecting whistleblowers. Trump removed Dellinger without providing specific grounds for termination, prompting a lawsuit from the ousted special counsel who claimed protection under a statute stating special counsels may only be removed for specific causes.
Supreme Court Suspends Dismissal of Hampton Dellinger Appointed by Biden Administration, Will Remain in Position Until February 26
February 22: The U.S. Supreme Court has halted an attempt by the Trump administration to remove Hampton Dellinger, who was appointed by former… pic.twitter.com/r9iCstaXUC
— CSB News USA (@csbnewsus) February 22, 2025
Legal Battle Over Executive Authority
The central dispute revolves around a federal statute that limits the grounds for removing the special counsel to “inefficiency, neglect of duty, or malfeasance in office.” Judge Jackson initially reinstated Dellinger based on this law, but the Trump administration contends that such restrictions on presidential removal power are unconstitutional, citing recent Supreme Court precedents that have strengthened executive authority over independent agencies. The three-judge panel from the appeals court has temporarily vacated Jackson’s order while the case proceeds.
Dellinger’s attorneys have argued that allowing presidents to fire special counsel without cause would undermine the office’s independence and its ability to protect federal whistleblowers. They contend that the office’s mission to investigate potential abuses of power within the executive branch requires insulation from political pressure. The Supreme Court is expected to ultimately decide the case, as it has previously ruled on similar questions of presidential removal authority.
Broader Implications for Federal Employment
The dispute between Dellinger and the Trump administration extends beyond the legal question of his personal employment. Prior to his termination, Dellinger had been actively involved in challenging the Trump administration’s dismissal of thousands of probationary federal employees. His office had secured a ruling from the Merit Systems Protection Board ordering the reinstatement of over 5,000 employees at the Department of Agriculture who had been terminated, arguing these mass dismissals violated federal employment protections.
“Calling on all federal agencies to voluntarily and immediately rescind any unlawful terminations of probationary employees,” said Dellinger.
The circuit court’s decision allowing Dellinger’s removal may have significant implications for these broader employment disputes and the Trump administration’s ability to reshape the federal workforce. Cathy Harris, Chair of the Merit Systems Protection Board, was permitted to join the proceedings as amicus, highlighting the interconnected nature of these employment disputes. Observers note that this case could potentially redefine the balance of power between the executive branch and independent watchdog agencies designed to check presidential authority.
Sources:
- Trump administration can remove head of federal watchdog agency, appeals court rules
- Official who fought to reinstate fired probationary feds can be removed during legal fight, court says – Government Executive
- Biden Official Who Trump Fired and Was Reinstated by an Obama Judge Has Been Fired Again – RedState
