In a significant judicial decision, Judge Amy Berman Jackson has ruled the dismissal of Hampton Dellinger from his position as head of the Office of Special Counsel (OSC) by the Trump administration as illegal. The court reinstated Dellinger, who had been informed of his termination via a one-sentence email lacking any specified cause. The Trump administration did not dispute that Dellinger was fired without cause but argued that the congressional mandate requiring a cause for such dismissal was unconstitutional.
The OSC is a government agency tasked with safeguarding the merit system among civil servants and enforcing the Hatch Act, which governs the partisan political activities of government workers. This recent ruling underscores the agency's role in maintaining governmental integrity amidst accusations of political interference.
Dellinger, appointed by President Joe Biden and confirmed by the Senate for a five-year term last March, has been reinstated pending a court hearing scheduled for February 26. Since his tenure began, Dellinger expressed pride in the accomplishments achieved under his leadership.
“Since my arrival at OSC last year, I could not be more proud of all we have accomplished,” – Hampton Dellinger
Dellinger's reinstatement highlights a broader legal battle over the limits of presidential power in dismissing public officials. The 1978 act of Congress that established Dellinger's position specifies that removal can only occur for cause. This legislative safeguard aims to ensure the independence of roles like Dellinger's, providing insulation from political influence.
“This language expresses Congress’s clear intent to ensure the independence of the special counsel and insulate his work from being buffeted by the winds of political change.” – Judge Amy Berman Jackson
The Trump administration's attempt to remove Dellinger raises questions about its commitment to fighting government corruption, given its efforts to replace impartial civil servants with partisan loyalists. This incident mirrors previous actions where eight inspectors general were dismissed without statutory notice, prompting lawsuits seeking their reinstatement.
Legal experts emphasize the importance of maintaining independent agencies within the executive branch. Bruce Ackerman, a constitutional scholar, noted the Supreme Court's support for such agencies' creation, emphasizing that presidents cannot arbitrarily dismiss members of these commissions.
“The supreme court has repeatedly supported the creation of independent agencies that exist in the executive branch, to be sure, but are insulated from direct presidential control,” – Bruce Ackerman
“And in particular, the president can’t fire people or members of these commissions.” – Bruce Ackerman
The OSC's mission remains distinct from other governmental roles, such as that of special counsel Jack Smith, who leads a separate criminal investigation into former President Trump. Despite these challenges, Dellinger maintains that his removal lacks any factual or legal basis.
“The agency’s work has earned praise from advocates for whistleblowers, veterans and others. The effort to remove me has no factual nor legal basis – none – which means it is illegal.” – Hampton Dellinger