A federal judge in Washington ordered Hampton Dellinger to continue serving in his position as head of the Office of Special Counsel ( OSC ) on Saturday, and upheld his ruling. The Justice Department has indicated that it will appeal the ruling.
Despite a law mandating that a particular lawyers can only be fired for “inefficiency, disregard of duty, or wrongdoing in business,” US District Judge Amy Berman Jackson sided with Dellinger, who sued Trump next month after being fired. The US Supreme Court, which had formerly permitted Dellinger to temporarily continue in his position, is expected to hear the decision again.
Jackson refuted the Trump administration’s claim that the special counsel’s treatment protections are illegal, arguing that allowing the president to flame him at will may sacrifice his ability to shield national employees from immoral personnel actions, including whistleblower retaliation.
In her opinion, Jackson wrote that the Special Counsel is supposed to withstand the forces of social change and that it can prevent government employees from serving in either party from being subject to prohibited work practices or facing reprisals for reporting wrongdoing to former or current administration officials.
Dellinger applauded the decision, saying,” I’m happy and grateful to see the court confirm the value and propriety of the work privileges that Congress gave me.” My work will continue to shield reporters from unfair treatment, both in general, and in particular.
As a result of Dellinger’s challenge to the removal of temporary federal employees as part of the Trump administration’s wider government overhaul, the case is developing. A federal committee earlier this month suspended a number of abortions after Dellinger argued the sackings may have been unconstitutional.
The OSC, a separate federal agency, looks into whistleblower complaints and maintains the Hatch Act, which forbids government workers from engaging in partisan social activities. Despite Hatch Act restrictions on lobbying while on work, Dellinger’s fire occurred as Trump administration officials publicly expressed their political support for him on social media.
Federal employees will have no great reason to come to me if I don’t own liberation, Dellinger said to reporters outside Washington’s federal court.
The Justice Department, led by Acting Solicitor General Sarah Harris, claimed in court documents that the lower judge had” crossed a constitutional dark line” by preventing Trump’s removal of Dellinger, claiming that this hampered the new government’s ability to set its own plan.
Joe Biden, the Democratic president, confirmed Dellinger to a five-year term in 2024.
