Judge Orders Temporary Reinstatement of Special Counsel Amid Trump's Firing Attempts
A federal judge has temporarily reinstated Special Counsel Hampton Dellinger after Trump attempted to dismiss him. The judge's order allows Dellinger to access resources and continue his work until further arguments are presented.
A federal judge has limited President Donald Trump's recent firing actions by ruling that Special Counsel Hampton Dellinger will be reinstated for at least a few days while further legal arguments are assessed.
Judge Amy Berman Jackson granted the reprieve to Dellinger following his lawsuit contesting an email from the White House informing him of his dismissal. Dellinger, appointed by President Joe Biden, is among several officials Trump has sought to fire recently, with some being protected by federal statutes.
Unlike prominent special counsels responsible for prosecuting politically sensitive cases, Dellinger heads an independent federal agency focusing on whistleblower issues and complaints about violations of the Hatch Act, which regulates political activities among government employees.
According to Judge Jackson's order, Trump must ensure that Dellinger retains "access" to the agency's resources and cannot acknowledge any other individual as Special Counsel during this period. Jackson referred to the decision as an "administrative stay," reinstating Dellinger in his role through Thursday night.
Jackson pointed out that Dellinger was Senate-confirmed, holds a five-year term, and can only be removed by the President for specific reasons such as inefficiency, neglect, or misconduct.
The Justice Department promptly appealed Jackson's ruling the same night. The judge mentioned she would delay any formal decision on Dellinger's request for a temporary restraining order until the Justice Department presents its written arguments, due by noon Tuesday.
Dellinger expressed gratitude, stating, "I am grateful to have the opportunity to continue leading the Office of Special Counsel and I am resuming my work tonight."
White House and Justice Department representatives were not immediately available for comments.
This order follows a hearing where DOJ attorney Madeline McMahon claimed there was no immediate need for Dellinger’s reinstatement. The Department has maintained that "a single-agency head is removable at will," despite Congressional efforts to impose restrictions on presidential removals.
