A federal judge has temporarily reinstated Hampton Dellinger as head of the Office of the Special Counsel (OSC) after he was abruptly dismissed by the Trump administration. The reinstatement, pending a court hearing scheduled for February 26, allows Dellinger to continue leading the agency responsible for enforcing the Hatch Act, which ensures the nonpartisan execution of government programs. In response, the Trump administration has petitioned the Supreme Court to validate Dellinger's firing, challenging decades-old legal protections for independent federal agency leaders.
Dellinger was removed from his position without cause via a terse one-sentence email from the Trump administration. Under his leadership, the OSC has been instrumental in investigating and prosecuting issues such as racial discrimination, partisan political discrimination, nepotism, and coerced political activity. His dismissal has prompted concerns about the future independence of such agencies.
"Since my arrival at OSC last year, I could not be more proud of all we have accomplished," said Hampton Dellinger.
Dellinger argues that his firing was unlawful and has filed a lawsuit seeking reinstatement. He asserts that the attempt to remove him lacks any factual or legal foundation.
"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," added Dellinger.
Federal Judge Amy Berman Jackson reinstated Dellinger, citing the 1978 law that created his position. The law stipulates that a special counsel "may be removed by the president only for inefficiency, neglect of duty or malfeasance in office." Judge Jackson emphasized Congress's intention to safeguard the independence of the special counsel from political pressures.
"The language of the 1978 law that created Dellinger's position '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'," stated Judge Jackson.
The Trump administration's appeal to the Supreme Court could potentially overturn a 1935 precedent that protects Congress's authority to shield heads of independent agencies from presidential dismissal. Should the court side with the Trump administration, it would mark a significant shift in the balance of power between Congress and the presidency.
Sarah M. Harris, Trump's acting solicitor general, argued against judicial intervention in such dismissals.
"Until now, as far as we are aware, no court in American history has wielded an injunction to force the president to retain an agency head," remarked Harris.
The OSC operates independently from the Justice Department's special counsels, who are appointed by the Attorney General for specific investigations. This distinction highlights the unique role of the OSC in safeguarding whistleblowers and upholding integrity within federal operations.
The Trump administration contends that upholding the order in Dellinger's case could embolden judges to block actions in other lawsuits it faces. Currently, there are approximately 70 such cases.
The Supreme Court is not expected to consider this case until after returning from the Presidents' Day holiday weekend. A response from the justices is not anticipated before Tuesday at the earliest.