President Trump has secured a significant win for executive power after an appeals court allowed him to fire the head of a federal watchdog agency. The case highlights ongoing battles over presidential authority and the independence of government oversight bodies.
At a Glance
- A Washington D.C. appeals court unanimously allowed President Trump to remove Hampton Dellinger as Head of the Office of Special Counsel
- The ruling overturned a lower court decision that had declared Dellinger’s firing “unlawful”
- Dellinger, a Biden appointee confirmed for a five-year term, was investigating Trump’s firing of thousands of federal employees
- The case centers on whether presidents can fire heads of independent watchdog agencies without cause
- The bipartisan panel of judges included appointees from Presidents George H.W. Bush, Obama, and Trump
Appeals Court Backs Presidential Authority
In a decisive victory for presidential power, a federal appeals court in Washington has upheld President Donald Trump’s authority to fire Hampton Dellinger, the Head of the U.S. Office of Special Counsel. The unanimous ruling by the D.C. Circuit Court of Appeals effectively pauses a lower court’s decision that had temporarily reinstated Dellinger after determining his termination was unlawful.
The ruling represents a significant win for the Trump administration, which has argued that the president has broad constitutional authority to remove executive branch officials. The appeals court panel, which included judges nominated by Presidents George H.W. Bush, Barack Obama, and Trump, expedited its review of the case after the lower court ruling temporarily blocked Dellinger’s dismissal.
Biden Appointee Challenged His Firing
Dellinger, who was appointed by President Joe Biden and confirmed by the Senate for a five-year term in 2024, was abruptly terminated by the Trump administration. The dismissal came as Dellinger’s office was investigating the mass firing of over 5,000 USDA employees by the Trump administration, raising questions about the timing and motivation behind his removal.
The termination letter, sent by White House official Sergio N. Gor, was direct and immediate: “On behalf of President Donald J. Trump, I am writing to inform you that your position as Special Counsel of the US Office of Special Counsel is terminated, effective immediately.”
Dellinger filed a lawsuit challenging his removal, arguing that under federal law, a special counsel can only be removed for specific causes such as inefficiency, neglect of duty, or malfeasance. His legal team contended that allowing Presidents to fire Special Counsels without cause would severely undermine the watchdog agency’s independence and ability to protect whistleblowers.
Lower Court Judge Criticized Trump Administration
U.S. District Judge Amy Berman Jackson had initially ruled in Dellinger’s favor, ordering his reinstatement and delivering a scathing critique of the Trump administration’s actions. The judge compared the administration’s complaints about disruption to the agency to a destructive force blaming others for its own actions.
The Office of Special Counsel plays a crucial role in protecting federal employees from prohibited personnel practices and investigating whistleblower retaliation. Prior to his removal, Dellinger had been actively challenging the Trump administration’s dismissal of thousands of probationary federal workers and had urged all federal agencies to reverse what he called unlawful firings.
