By Steve Neavling
A federal judge ruled Saturday that former President Donald Trump’s attempt to remove a federal workforce watchdog was unlawful, setting the stage for a Supreme Court battle over presidential control of executive agencies.
U.S. District Judge Amy Berman Jackson determined that Hampton Dellinger, confirmed last year to lead the Office of Special Counsel, can serve his full five-year term despite Trump’s recent dismissal via email, Politico reports.
A decades-old law states that the special counsel can only be removed for cause, but the Justice Department argued this restriction is unconstitutional, infringing on presidential authority.
Jackson found that Dellinger’s role — investigating ethics violations and handling whistleblower complaints — requires independence from the president, making the position an exception to broad executive control.
“Eliminating these protections would be fatal to the Office of Special Counsel’s independence,” Jackson wrote in a 67-page opinion.
The Justice Department countered that Dellinger had substantial unilateral power, but Jackson dismissed the argument, saying, “This is not significant executive authority. It is hardly executive authority at all.”
Shortly after the ruling, the Justice Department appealed to the D.C. Circuit Court.
Dellinger welcomed the decision, saying, “I’m grateful to see the court confirm the importance and legality of the job protections Congress afforded my position.”
Following Dellinger’s initial dismissal, Jackson issued a temporary restraining order reinstating him, prompting the Justice Department to seek emergency relief from the Supreme Court. The justices did not rule but put the request “in abeyance” pending further lower court actions.
Justices Neil Gorsuch and Samuel Alito dissented, saying they would have stayed Jackson’s decision. The case is expected to reach the Supreme Court soon.
