A federal judge appointed by former President Barack Obama has ruled that President Donald Trump can remove Special Counsel Hampton Dellinger while an appeals court reviews the legality of the termination.
Dellinger was appointed by former President Joe Biden to serve as a special counsel responsible for handling whistleblower cases within the federal government.
The role was designed to protect federal employees who report misconduct or fraud, allowing them to come forward without fear of retaliation.
After Trump returned to the White House in January, he removed Dellinger with a one-line email. That action triggered a legal challenge in federal court.
Dellinger sued to overturn his dismissal, arguing that the president’s action violated statutory protections tied to the role of special counsel.
U.S. District Judge Amy Berman Jackson, an Obama appointee, initially sided with Dellinger and ordered his temporary reinstatement while the case moved forward.
On March 5, the U.S. Court of Appeals for the District of Columbia unanimously overturned Berman Jackson’s order, allowing Trump’s removal of Dellinger to stand pending further review, as the Conservative Brief reported.
The three-judge appeals panel included Karen Henderson, appointed by George H.W. Bush; Patricia Millett, appointed by Obama; and Justin Walker, appointed by Trump.
The court stated, “This order gives effect to the removal of appellee from his position as Special Counsel of the U.S. Office of Special Counsel,” and concluded the Trump administration met the requirements for a stay.
The decision was significant because Millett, despite her Democratic background, joined the opinion permitting Trump to proceed with the firing.
Judge Berman Jackson criticized the administration’s position in a written footnote, stating that chaos in the agency resulted from the White House’s own actions.
She wrote, “It’s as if the bull in the china shop looked back over his shoulder and said, ‘What a mess!’” in reference to claims that reinstating Dellinger would be disruptive.
Acting Solicitor General Sarah M. Harris supported the president’s authority, stating in a February 16 Supreme Court filing that courts cannot review the president’s power to remove executive officers he appoints.
The appeals court ordered the case be placed on an expedited schedule, requiring the Trump administration to file a brief by March 21.
Dellinger’s legal team was required to respond by April 4, with a final reply from Trump’s lawyers due by April 11.
The court has not yet set a date for oral arguments but said it would be scheduled during the current term after all briefs are submitted.
Republican lawmakers and conservative media figures welcomed the ruling as a win for executive authority and presidential control over appointees.
Although the ruling is temporary, it represents a legal victory for Trump as he seeks to restructure the federal workforce early in his new term.
The case remains under review, but for now, Dellinger is officially out of the job.
