Appeals court overturns judge’s order, allowing President Trump to remove Biden-appointed Special Counsel Hampton Dellinger despite previous reinstatement ruling.
Quick Takes
- A U.S. appeals court has ruled that President Trump can remove Special Counsel Hampton Dellinger while legal proceedings continue
- This decision overturns an earlier ruling by Judge Amy Berman Jackson that had reinstated Dellinger
- Dellinger, appointed by Biden, had previously ordered thousands of fired probationary federal employees be reinstated
- The Trump administration argues that the law protecting special counsels from removal is unconstitutional
- The case is expected to eventually reach the Supreme Court
Appeals Court Sides with Trump Administration
The U.S. Court of Appeals for the District of Columbia Circuit has handed President Trump a significant legal victory, allowing his administration to remove Special Counsel Hampton Dellinger while the broader legal battle continues. This ruling effectively reverses an earlier decision by U.S. District Judge Amy Berman Jackson, who had previously ordered Dellinger’s reinstatement after he was terminated from his position. The three-judge panel’s decision temporarily vacates Jackson’s injunction that had blocked the Trump administration from firing Dellinger, who was originally appointed by former President Biden and confirmed by the Senate in 2024 for a five-year term.
Dellinger received a termination notice from the White House on February 7 without specific justification. After his firing, he filed a lawsuit arguing that special counsels can only be removed “for inefficiency, neglect of duty, or malfeasance in office,” as stated in federal law. Judge Jackson initially agreed with this position, ruling that Trump’s removal action was unlawful and reinstating Dellinger while his case proceeded. However, the Trump administration immediately appealed this decision, contending that the law protecting the special counsel from presidential removal is unconstitutional under recent Supreme Court precedents that strengthen executive authority.
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
Battle Over Federal Workforce Protections
The conflict between Dellinger and the Trump administration stems from deeper disagreements about federal workforce protections. As head of the Office of Special Counsel, Dellinger was responsible for investigating actions like whistleblower retaliation and protecting federal employees from illegal personnel actions. During his brief tenure after reinstatement, Dellinger took actions that directly challenged President Trump’s personnel decisions, including securing the temporary reinstatement of approximately 5,000 probationary employees at the Department of Agriculture who had been terminated by the administration.
“Calling on all federal agencies to voluntarily and immediately rescind any unlawful terminations of probationary employees,” Dellinger said.
The significance of the case extends beyond Dellinger’s individual employment status. His attorneys argue that allowing the president to fire the special counsel without proper cause could seriously undermine the office’s essential role in protecting whistleblowers and ensuring fair treatment of federal workers. The Trump administration, meanwhile, asserts that the president needs unrestricted authority to remove executive branch officials to maintain proper control over the federal bureaucracy. This echoes arguments made in previous cases where the administration challenged restrictions on presidential removal powers.
Legal Battle on Fast Track to Supreme Court
The D.C. Circuit Court has expedited the case, with briefing materials due by April 11. During this interim period, Dellinger is barred from serving as special counsel. Legal experts widely expect the case to eventually reach the Supreme Court, as it parallels previous rulings regarding presidential removal powers, including a case that allowed President Trump to fire the head of the Consumer Financial Protection Bureau. The Supreme Court has already been involved in the matter, holding a motion to vacate Judge Jackson’s temporary restraining order “in abeyance” while considering the merits of the case.
Cathy Harris, Chair of the Merit Systems Protection Board, was allowed to join the proceedings as an amicus curiae (friend of the court), adding another layer of institutional involvement to this high-stakes legal confrontation. The case represents a critical test of presidential authority versus statutory protections for independent agency officials, with significant implications for the federal workforce and the balance of power within the executive branch. The outcome will likely establish important precedent regarding the president’s ability to remove officials who were appointed with Senate confirmation for fixed terms.
Sources:
- The fired head of a federal watchdog agency says he’s ending his legal fight
- 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
