As we previously reported in February, President Donald Trump attempted to fire the Office of Special Counsel’s head of the federal whistleblower agency, Hampton Dellinger. He immediately sued Trump for unlawful removal, and on Saturday, March 1, U.S. District Judge Amy Berman Jackson ruled in Dellinger’s favor, granting him a temporary stay at his post.

Judge Jackson held that the president’s removal of Special Counsel can occur “only for inefficiency, neglect of duty, or malfeasance in office.”

This case is notable because it challenged what the president understood as his authority. Dellinger’s removal occurred amid a mass firing event where countless officials and other workers were also removed from their positions. Trump’s camp believed that the existing protections for Special Counsel’s removal were unconstitutional since the president would then be blocked from promoting and appointing his new hire of choice. Dellinger was appointed by former President Joe Biden and confirmed by Senate for a 5-year term in 2024.

As an independent agency, Judge Jackson said that the Special Counsel has a “unique status and mission,” remaining separate from the president to complete significant duties. The office enables employees to blow the whistle on government misconduct, investigates whistleblowers’ claims of reprisal, and can follow disciplinary action against employees who retaliate against whistleblowers. The office also oversees enforcement of the Hatch Act, which limits federal employees’ political participation.

Judge Jackson ruled that permitting Trump to fire Special Counsel would jeopardize the future of Dellinger’s duties, for example, protecting the federal workforce from illegal actions like whistleblower retaliation.

In her decision, Judge Jackson wrote: “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 — by holdovers from a previous administration or by officials of the new one.”

On Saturday, Dellinger 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.”

After this decision, the government filed papers appealing Judge Jackson’s decision to the D.C. Circuit Court of Appeals. Stay tuned for more updates on this news.

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Read A “Unique Status and Mission” Indeed: Judge Ruled Trump’s Firing of Federal Whistleblower Agency’s Leader was Unlawful at constantinecannon.com