A federal judge ruled Saturday that President Donald Trump’s removal of Hampton Dellinger, the head of the Office of Special Counsel (OSC), was illegal, setting the stage for a Supreme Court showdown over presidential control of the executive branch.
Judge Upholds Independent Oversight
U.S. District Judge Amy Berman Jackson found that Dellinger—who was confirmed last year for a five-year term—could not be removed at will by the president. Instead, federal law states that the OSC chief can only be fired for “inefficiency, neglect of duty, or malfeasance in office.”
In her 67-page opinion, Jackson emphasized that Dellinger’s independence is crucial to his role in investigating ethics violations and protecting whistleblowers.
“The elimination of the restrictions on plaintiff’s removal would be fatal to the defining and essential feature of the Office of Special Counsel as it was conceived by Congress and signed into law by the President: its independence,” Jackson wrote.
Trump Administration’s Argument Rejected
The Justice Department (DOJ), arguing on Trump’s behalf, contended that the restrictions on firing Dellinger were unconstitutional, as they interfered with the president’s authority over executive agencies. However, Jackson ruled that Dellinger’s role did not grant him significant executive power, dismissing Trump’s legal team’s claims as exaggerated.
“This is not significant executive authority. It is hardly executive authority at all,” Jackson wrote.
Immediate Appeal and Supreme Court Implications
Within an hour of the ruling, the DOJ appealed to the D.C. Circuit Court of Appeals. However, the case is expected to return to the Supreme Court within days or weeks.
The Supreme Court previously declined to immediately intervene, instead holding the case in abeyance while lower courts considered the issue. Two Republican-appointed justices, Neil Gorsuch and Samuel Alito, dissented, saying they would have allowed Trump’s firing of Dellinger to proceed.
Dellinger, an appointee of President Joe Biden, welcomed the ruling.
“I’m grateful to see the court confirm the importance and legality of the job protections Congress afforded my position,” he said in a statement.
Broader Implications for Executive Power
This case could have major consequences for presidential authority, potentially shaping how much control Trump—and future presidents—have over independent federal agencies. With Trump’s claim of near-total control over the executive branch at stake, the Supreme Court’s ruling could redefine the limits of presidential power.
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