Court Rules Trump Cannot Remove Federal Watchdog Head

1 Mar at 9:27 pm

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Court Rules Trump Cannot Remove Federal Watchdog Head \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ A federal judge ruled that President Trump’s attempt to fire Special Counsel Hampton Dellinger was unlawful, ensuring he remains in his position. The Justice Department has appealed the decision, likely sending the case to the U.S. Supreme Court. Dellinger’s office investigates whistleblower protections and Hatch Act violations, making his independence crucial amid Trump’s federal workforce overhaul.

Trump’s Attempt to Fire Special Counsel Blocked: Quick Look

U.S. District Judge Amy Berman Jackson ruled that President Trump’s removal of Special Counsel Hampton Dellinger was unlawful, ensuring he remains in his position.
The Justice Department quickly appealed the decision, setting the stage for a potential Supreme Court showdown over presidential authority.
Dellinger, who leads the Office of Special Counsel (OSC), sued after Trump fired him, arguing that the president lacks the authority to remove the special counsel at will.
Trump’s legal team claims the special counsel’s job protections are unconstitutional, asserting that the president should be able to replace agency heads without restrictions.
Dellinger’s office investigates whistleblower retaliation, wrongful federal employee terminations, and Hatch Act violations, making his independence crucial.
The ruling comes amid controversy over Trump’s mass firings of federal workers, which Dellinger argues may have been unlawful.

Deep Look

Trump’s Bid to Remove Special Counsel Declared Illegal

In a major legal setback for the Trump administration, a federal judge ruled Saturday that President Donald Trump had no legal authority to fire Special Counsel Hampton Dellinger, declaring the move unconstitutional.

Judge Amy Berman Jackson’s ruling ensures that Dellinger remains in his position, rejecting the administration’s argument that the president should have unrestricted power over independent agencies.

“The Special Counsel is supposed to withstand the winds of political change and help ensure that no government servant of either party becomes the subject of prohibited employment practices or faces reprisals for calling out wrongdoing,” Jackson wrote.

The decision could have significant implications for the balance of power between the executive branch and independent oversight agencies, with the case now expected to reach the U.S. Supreme Court.

Why Did Trump Fire Dellinger?

Hampton Dellinger, appointed in 2024 by President Joe Biden to a five-year term, was dismissed by Trump shortly after he took office. However, under federal law, a special counsel can only be removed for inefficiency, neglect of duty, or malfeasance—not at the president’s discretion.

Dellinger sued the administration after his dismissal, claiming that Trump’s move violated statutory protections for the position.

The Trump administration argued that these protections were unconstitutional, stating that the president must have full control over executive agencies.
Acting Solicitor General Sarah Harris urged the Supreme Court to intervene, stating in court filings that blocking Dellinger’s removal crossed a “constitutional red line.”

“This ruling stops the president from shaping the agenda of an executive-branch agency in the new administration’s critical first days,” Harris wrote.

The Role of the Office of Special Counsel (OSC)

The Office of Special Counsel (OSC) is an independent watchdog agency tasked with protecting federal employees from political retaliation, ensuring government accountability, and enforcing whistleblower protections.

Dellinger’s primary responsibilities include:

Investigating whistleblower complaints and protecting employees from retaliation.
Overseeing compliance with the Hatch Act, which limits political activities of government employees.
Reviewing federal employment practices to prevent wrongful terminations or politically motivated firings.

The OSC’s independence is critical, as it serves as a check against political interference in federal employment matters.

“If I don’t have independence, if I can be removed for no good reason, federal employees are going to have no good reason to come to me,” Dellinger told reporters outside Washington’s federal courthouse.

How the Hatch Act Ties Into This Case

One of the key functions of the OSC is enforcing the Hatch Act, which prohibits federal employees from engaging in partisan political activity while on duty.

Dellinger’s firing came as reports surfaced that Trump administration officials were openly supporting his policies online, raising concerns about Hatch Act violations.
Critics argue that Trump’s attempt to remove Dellinger was politically motivated, aimed at weakening the office’s ability to investigate potential misconduct in his administration.

Trump’s Federal Employee Overhaul and Dellinger’s Pushback

Dellinger’s legal victory also comes at a time when he is investigating the mass termination of federal workers under Trump’s government restructuring plan.

The Trump administration recently dismissed hundreds of federal probationary employees, part of a broader effort to reshape the federal workforce.
Dellinger challenged the legality of these firings, leading a federal board to temporarily halt some of the terminations.
The administration insists these firings were lawful and necessary for government efficiency, but Dellinger argues that some may have been politically motivated or retaliatory.

“My efforts to protect federal employees generally, and whistleblowers in particular, from unlawful treatment will continue,” Dellinger said following the ruling.

The Legal Battle Ahead: Supreme Court Likely to Decide the Case

Following the ruling, the Justice Department immediately filed an appeal, signaling that the case is headed toward the D.C. Circuit Court of Appeals—and likely the U.S. Supreme Court.

This case has already reached the Supreme Court once before, when the justices temporarily allowed Dellinger to remain in his job while the case proceeded.

Legal experts say the case could set a landmark precedent on presidential power:

If Trump’s appeal succeeds, it could expand the president’s authority over independent agencies, allowing future administrations to fire special counsels at will.
If Jackson’s ruling is upheld, it will reinforce protections for independent oversight agencies, ensuring that political changes do not interfere with government accountability.

“This ruling could determine whether future presidents can completely reshape federal oversight agencies,” said constitutional law professor David Kramer. “It’s a significant test of executive power.”

What Happens Next?

The appeals process will begin in the coming weeks, with the D.C. Circuit Court reviewing the case before it potentially moves to the Supreme Court.
If the Supreme Court takes up the case, a ruling could reshape the relationship between the executive branch and independent agencies for years to come.
In the meantime, Dellinger remains in his role, continuing his work investigating whistleblower retaliation, Hatch Act violations, and the legality of Trump’s mass federal employee terminations.

Final Thoughts: A Defining Case for Presidential Authority

The legal battle over Trump’s attempt to remove Hampton Dellinger is more than just a personnel dispute—it is a fight over the limits of executive power.

With Dellinger’s role directly tied to protecting government employees and ensuring political neutrality, his continued presence in office could influence oversight of Trump’s administration in the coming years.

As this high-stakes case moves toward the Supreme Court, it could have far-reaching consequences for presidential authority, government accountability, and the independence of federal watchdog agencies.