A D.C.-based federal district judge ruled late Saturday evening that President Donald Trump’s firing of the head of the Office of Special Counsel was unlawful, keeping him in his post. The Trump administration filed their notice of appeal shortly thereafter.
Hampton Dellinger, appointed by former President Joe Biden to head the Office of Special Counsel, sued the Trump administration in Washington, D.C., federal court after his Feb. 7 firing.
D.C. District Judge Amy Berman Jackson wrote in the Saturday filing that the court’s ruling that Dellinger’s firing was ‘unlawful’ is consistent with Supreme Court precedent.
The Trump administration filed its notice of appeal to the U.S. Court of Appeals for the District of Columbia Circuit shortly after Jackson’s ruling.
Jackson wrote that the court ‘finds that 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. The Court concludes that they must stand.’
Jackson enjoined the defendants in the suit, including Director of the United States Office of Management and Budget Russ Vought and Treasury Secretary Scott Bessent, ordering them to recognize Dellinger’s post. Jackson did not enjoin Trump.
‘It would be ironic, to say the least, and inimical to the ends furthered by the statute if the Special Counsel himself could be chilled in his work by fear of arbitrary or partisan removal,’ Jackson wrote.
Jackson wrote in her order that the enjoined defendants ‘must not obstruct or interfere with his performance of his duties; they must not deny him the authority, benefits, or resources of his office; they must not recognize any Acting Special Counsel in his place; and they must not treat him in any way as if he has been removed, or recognize any other person as Special Counsel or as the head of the Office of Special Counsel, unless and until he is removed from office’ in accordance with the statute delineating Dellinger’s post.
Jackson’s decision comes after the U.S. Supreme Court paused the Trump administration’s efforts to dismiss Dellinger. The Trump administration had asked the high court to overturn a lower court’s temporary reinstatement of Dellinger.
The dispute over Dellinger’s firing was the first Trump legal challenge to reach the Supreme Court in his second term.
Justices Neil Gorsuch and Samuel Alito dissented, saying the lower court overstepped, and they cast doubt on whether courts have the authority to restore to office someone the president has fired. While acknowledging that some officials appointed by the president have contested their removal, Gorsuch wrote in his opinion that ‘those officials have generally sought remedies like backpay, not injunctive relief like reinstatement.’
Justices Sonia Sotomayor and Ketanji Brown Jackson notably voted to outright deny the administration’s request to OK the firing at the time.
Shortly after the Supreme Court paused Trump’s efforts, Jackson hinted that she would possibly extend a temporary restraining order which has kept Dellinger in his job.
Jackson called the matter ‘an extraordinarily difficult constitutional issue’ during a hearing.
‘I am glad to be able to continue my work as an independent government watchdog and whistleblower advocate,’ Dellinger said in a statement at the time. ‘I am grateful to the judges and justices who have concluded that I should be allowed to remain on the job while the courts decide whether my office can retain a measure of independence from direct partisan and political control.’
Dellinger has maintained the argument that, by law, he can only be dismissed from his position for job performance problems, which were not cited in an email dismissing him from his post.
Fox News’ Bill Mears, Jake Gibson, Greg Wehner and Anders Hagstrom contributed to this report.