Court Blocks Biden-Appointed Special Counsel From Returning To Office

A federal appeals court has ruled in favor of President Donald Trump, allowing his decision to remove Hampton Dellinger from the Office of Special Counsel to take effect while the legal battle over the firing continues.

The ruling from the DC Circuit Court of Appeals overturned an earlier decision by Judge Amy Berman Jackson, who had determined that Dellinger’s removal violated federal law and ordered him reinstated. The appeals panel, which included judges appointed by multiple administrations, agreed with the Justice Department’s argument that Trump has the authority to dismiss officials within the executive branch.

Government attorneys insisted that Jackson had overstepped by ordering Dellinger’s reinstatement, arguing that the Constitution grants the president control over such personnel decisions. The Office of Special Counsel investigates misconduct in the federal government and provides protections for whistleblowers, a role that Jackson argued should be independent from political influence.

Dellinger, appointed under President Joe Biden, has fought to retain his position, with his legal team contending that his role was protected under federal law. Jackson’s ruling stated that the position should not be subject to removal at the president’s discretion, citing protections designed to shield the office from political interference.

Trump’s administration quickly appealed Jackson’s order, and the appeals court agreed to an expedited review of the case. The panel granted a stay, allowing the termination to proceed while the case is considered.

Dellinger’s next move could be an appeal to the U.S. Supreme Court, which previously declined to intervene at an earlier stage in the legal process.

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