Appeals court allows removal of watchdog agency head as legal battle
rages over Trump firing
[March 06, 2025]
By ALANNA DURKIN RICHER
WASHINGTON (AP) — An appeals court in Washington removed the head of a
federal watchdog agency on Wednesday in the latest twist in a legal
fight over Republican President Donald Trump's authority to fire the
special counsel.
A three-judge panel on the U.S. Court of Appeals for the D.C. Circuit
sided with the Trump administration in allowing the immediate removal of
Hampton Dellinger from the Office of Special Counsel while arguments
continue over the legality of Dellinger's firing.
The case has become a flashpoint in the debate over how much power the
president should have to replace the leaders of independent agencies as
he moves to radically reshape and shrink the federal government. The
Trump administration has argued that the law protecting the special
counsel from removal is unconstitutional and unfairly prevents the
president from rightfully installing his preferred agency head.
Dellinger’s lawyers say allowing the president to fire the special
counsel without cause would have a chilling effect on the important
duties of the office to protect whistleblowers from retaliation.
Dellinger has also been working in recent days to challenge Trump’s
firing of thousands of probationary workers, but his sudden removal
throws those efforts into doubt.
Dellinger didn’t immediately respond to a request for comment Wednesday
evening. He's likely to appeal to the U.S. Supreme Court.
Dellinger sued Trump last month, saying he was illegally fired because
special counsels can be fired by the president “only for inefficiency,
neglect of duty, or malfeasance in office.” U.S. District Judge Amy
Berman Jackson, who was nominated to the bench by Democratic President
Barack Obama, quickly reinstated Dellinger in the job while he pursued
his case.
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President Donald Trump leaves the chamber after addressing a joint
session of Congress at the Capitol in Washington, Tuesday, March 4,
2025. (Win McNamee/Pool Photo via AP)
Jackson on Saturday ruled that Dellinger's firing was unlawful and
ordered that he remain in his post. But the appeals court lifted
Jackson's order blocking his removal, allowing the Trump
administration to replace him while the judges weigh the legal
arguments.
The Office of Special Counsel is responsible for guarding the
federal workforce from illegal personnel actions, such as
retaliation for whistleblowing. It investigates whistleblower claims
of reprisal, can pursue disciplinary action against employees who
punish whistleblowers and provides a channel for employees to
disclose government wrongdoing.
Dellinger was appointed by Democratic President Joe Biden and
confirmed by the Senate to a five-year term in 2024. The independent
agency is separate from Justice Department special counsels like
Jack Smith, who are appointed by the attorney general for specific
investigations.
After a request from Dellinger's office, a government panel that
enforces workers’ rights ruled Wednesday that more than 5,000
employees fired by the Trump administration should be put back on
the job at the U.S. Department of Agriculture.
While the order applies only to the USDA workers, Dellinger released
a statement “calling on all federal agencies to voluntarily and
immediately rescind any unlawful terminations of probationary
employees.”
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Associated Press reporter Chris Megerian in Washington contributed.
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