DC Circuit Grants Trump’s Request for Removal of Special Counsel Head
March 6, 2025, 11:15 am CST
The U.S. Court of Appeals for the District of Columbia Circuit granted the Trump administration’s request to remove Hampton Dellinger, head of the Office of Special Counsel. (Photo by the U.S. Department of Justice, PD US DOJ, via Wikimedia Commons)
The U.S. Court of Appeals for the District of Columbia Circuit has authorized the Trump administration to proceed with the removal of Hampton Dellinger from his position as the leader of the Office of Special Counsel. This decision came during an emergency motion where the court stayed an earlier injunction issued by U.S. District Judge Amy Berman Jackson.
On March 1, Judge Jackson had ruled against the administration’s efforts, issuing a preliminary injunction that prevented Dellinger from being removed. Following the government’s request for an expedited review, the appeals court has since ordered a prompt briefing and argument schedule regarding the underlying issues.
In their emergency appeal, the Trump administration accused Dellinger of acting outside his mandate by advocating for employees who had been terminated and seeking stays for their dismissals. “The court should immediately stay the district court’s order and put an end to Dellinger’s rogue use of executive authority over the president’s objection,” the government’s brief stated.
Understanding the Role of the Office of Special Counsel
The Office of Special Counsel is tasked with protecting whistleblowers and enforcing federal ethics laws. It operates independently, separate from special counsels assigned by the U.S. Attorney General to handle specific investigations. Legal expert Erwin Chemerinsky, dean of the University of California at Berkeley School of Law, emphasized the significance of this case, highlighting its implications for executive authority. The fundamental question arises: can a president terminate anyone within the executive branch when existing laws impose limitations on such firings?
Current federal legislation stipulates that the special counsel may only be dismissed by the president for specific reasons, including inefficiency or malfeasance. The Trump administration has contested this law’s constitutionality, arguing it restricts the president’s powers granted under Article II of the Constitution.
Judge Jackson previously upheld this statute when she issued her preliminary injunction against the removal of Dellinger, marking the case as critical in exploring the boundaries of presidential power and oversight of independent agencies.
Judicial Journey and Next Steps
This case has seen a previous appeal to the U.S. Supreme Court, following Jackson’s issuance of a temporary restraining order on February 12, which also sought to prevent Dellinger’s removal. However, the Supreme Court chose not to intervene at that time.
In a recent development, Dellinger announced his decision to withdraw from the legal confrontation concerning his position, as reported by the National Law Journal.
The case is formally titled Dellinger v. Bessent, and its implications concerning the balance of power in the federal government continue to draw significant attention from legal experts and policymakers alike.
Updated March 6 at 3:30 p.m. reporting Dellinger has opted to conclude his legal battle.
For further details, consult coverage from multiple sources, including Politico, the Associated Press, and major news outlets.
