Federal Judge Rules Trump’s Firing of Special Counsel Unlawful

WASHINGTON (AP) — A U.S. district judge ruled Saturday that the head of a federal watchdog agency must remain in his position, stating that President Donald Trump’s attempt to remove the Special Counsel was unlawful.

U.S. District Judge Amy Berman Jackson sided with Hampton Dellinger, who leads the Office of Special Counsel (OSC), in a legal struggle regarding the president’s authority to dismiss the head of the independent agency. The case is expected to return to the U.S. Supreme Court.

Dellinger sued Trump after being fired last month, despite legal stipulations that special counsels can only be dismissed by the president for “inefficiency, neglect of duty, or malfeasance in office.” Judge Jackson, who was nominated by former President Barack Obama, issued her ruling late Saturday.

In her decision, Jackson rejected claims from the Trump administration that the protections for the special counsel’s removal were unconstitutional. She asserted that allowing the president to dismiss the special counsel at will could undermine the office’s critical responsibilities.

“The Special Counsel is supposed to withstand the winds of political change,” Jackson wrote, “and help ensure that no government servant of either party becomes the subject of prohibited employment practices or faces reprisals for calling out wrongdoing.”

The Justice Department quickly filed papers indicating it would appeal Jackson’s ruling to the U.S. Court of Appeals for the District of Columbia Circuit. The case is notable as it has already reached the Supreme Court once, where Dellinger was temporarily allowed to stay in his position.

Judge Jackson highlighted Dellinger’s unique status and mission, stating that his independence from presidential influence is essential for fulfilling his duties. The OSC investigates whistleblower claims and provides a pathway for federal employees to report government wrongdoing.

“If I don’t have independence, if I can be removed for no good reason, federal employees are going to have no good reason to come to me,” Dellinger remarked to reporters outside the courthouse.

The ruling also arises as Dellinger is engaged in a separate challenge against firings of probationary workers, which he claims may have been unlawful amid the Trump administration’s broad reorganization efforts. A federal board recently halted the terminations after Dellinger’s intervention.

“I’m glad and grateful to see the court confirm the importance and legality of the job protections Congress afforded my position,” Dellinger stated. “My efforts to protect federal employees generally, and whistleblowers in particular, from unlawful treatment will continue.”

Moreover, Dellinger’s office enforces the Hatch Act, which limits political activities of government personnel. His firing coincided with reports of Trump administration employees expressing their support for his policies on social media, despite these restrictions.

Acting Solicitor General Sarah Harris, representing the Justice Department, criticized the lower court’s ruling, claiming it impinged upon Trump’s ability to direct the agenda of the executive branch. “A constitutional red line was crossed when the lower court blocked Dellinger’s firing,” she argued.

Dellinger, appointed by Democratic President Joe Biden, was confirmed for a five-year term in 2024.