Appeals court rules Trump can remove federal watchdog who battled to reinstate thousands of dismissed employees
Hampton Dellinger, who was appointed by President Joe Biden, received confirmation for a five-year term last year.
TroibNews 
A federal appeals court has granted President Donald Trump the authority to terminate an official responsible for investigating complaints from federal employees, overturning a lower court’s injunction that had prevented Trump from dismissing Special Counsel Hampton Dellinger.
The Justice Department contended that Dellinger's ongoing role as a federal ethics watchdog was hindering Trump's agenda. In particular, Dellinger has led an initiative to reinstate thousands of probationary employees who were dismissed during Trump's revamping of the federal structure.
Dellinger, an appointee of President Joe Biden, was confirmed last year for a five-year term. Trump attempted to remove him on February 7, despite a federal statute restricting the president’s ability to dismiss a special counsel. Prior court decisions had upheld Dellinger’s position until this ruling.
The two-page decision issued Wednesday by a three-judge panel from the D.C. Circuit Court of Appeals did not provide a detailed rationale but concluded that the Trump administration's attorneys had satisfied the legal criteria necessary to lift the injunction imposed by U.S. District Judge Amy Berman Jackson on Saturday.
The panel included judges Karen Henderson, appointed by George H.W. Bush, Patricia Millett, appointed by Barack Obama, and Justin Walker, appointed by Trump. All three judges agreed on the decision without dissent, indicating that a more comprehensive opinion would be released at a later date.
This ruling shifts momentum in Trump's favor as an impending Supreme Court case looms regarding his authority to unilaterally dismiss executive branch officials protected by laws intended to maintain their independence.
Last month, the Supreme Court opted not to make an immediate ruling on the Trump administration's request to allow Dellinger’s replacement, resulting in a temporary stay for Dellinger. However, the court is anticipated to address this matter more thoroughly, whether in relation to Dellinger or another case.
The administration is also pursuing an appeal regarding a judge's ruling to reinstate another Biden appointee Trump aimed to dismiss: Cathy Harris, chair of the Merit Systems Protection Board, which addresses employee grievances. Similar to Dellinger, Harris has played a significant role in the ongoing legal disputes concerning the mass firings of thousands of probationary government employees during the Trump administration. Following Dellinger’s petition to the merit systems board on behalf of over 5,600 terminated employees at the Department of Agriculture, Harris directed the department on Wednesday to restore those workers for at least the next 45 days.
Immediately after Trump attempted to fire Dellinger, he sought to replace him on an acting basis with Veterans Affairs Secretary Doug Collins. A significant number of the employee grievances that the special counsel addresses originate from the VA, which is reportedly planning to terminate around 80,000 workers, according to the Associated Press.
Dellinger did not provide an immediate statement on the court's ruling but had earlier Wednesday urged federal agencies to cease what he described as “apparently unlawful personnel actions.”
Dellinger has led the Office of Special Counsel, an independent agency within the executive branch responsible for several tasks, including investigating grievances from federal employees, handling whistleblower complaints, and enforcing federal laws that restrict political activities by government workers. Despite its title, the office operates independently and is not associated with the special counsels in the Justice Department who manage politically sensitive investigations.
James del Carmen for TROIB News
The Justice Department contended that Dellinger's ongoing role as a federal ethics watchdog was hindering Trump's agenda. In particular, Dellinger has led an initiative to reinstate thousands of probationary employees who were dismissed during Trump's revamping of the federal structure.
Dellinger, an appointee of President Joe Biden, was confirmed last year for a five-year term. Trump attempted to remove him on February 7, despite a federal statute restricting the president’s ability to dismiss a special counsel. Prior court decisions had upheld Dellinger’s position until this ruling.
The two-page decision issued Wednesday by a three-judge panel from the D.C. Circuit Court of Appeals did not provide a detailed rationale but concluded that the Trump administration's attorneys had satisfied the legal criteria necessary to lift the injunction imposed by U.S. District Judge Amy Berman Jackson on Saturday.
The panel included judges Karen Henderson, appointed by George H.W. Bush, Patricia Millett, appointed by Barack Obama, and Justin Walker, appointed by Trump. All three judges agreed on the decision without dissent, indicating that a more comprehensive opinion would be released at a later date.
This ruling shifts momentum in Trump's favor as an impending Supreme Court case looms regarding his authority to unilaterally dismiss executive branch officials protected by laws intended to maintain their independence.
Last month, the Supreme Court opted not to make an immediate ruling on the Trump administration's request to allow Dellinger’s replacement, resulting in a temporary stay for Dellinger. However, the court is anticipated to address this matter more thoroughly, whether in relation to Dellinger or another case.
The administration is also pursuing an appeal regarding a judge's ruling to reinstate another Biden appointee Trump aimed to dismiss: Cathy Harris, chair of the Merit Systems Protection Board, which addresses employee grievances. Similar to Dellinger, Harris has played a significant role in the ongoing legal disputes concerning the mass firings of thousands of probationary government employees during the Trump administration. Following Dellinger’s petition to the merit systems board on behalf of over 5,600 terminated employees at the Department of Agriculture, Harris directed the department on Wednesday to restore those workers for at least the next 45 days.
Immediately after Trump attempted to fire Dellinger, he sought to replace him on an acting basis with Veterans Affairs Secretary Doug Collins. A significant number of the employee grievances that the special counsel addresses originate from the VA, which is reportedly planning to terminate around 80,000 workers, according to the Associated Press.
Dellinger did not provide an immediate statement on the court's ruling but had earlier Wednesday urged federal agencies to cease what he described as “apparently unlawful personnel actions.”
Dellinger has led the Office of Special Counsel, an independent agency within the executive branch responsible for several tasks, including investigating grievances from federal employees, handling whistleblower complaints, and enforcing federal laws that restrict political activities by government workers. Despite its title, the office operates independently and is not associated with the special counsels in the Justice Department who manage politically sensitive investigations.
James del Carmen for TROIB News
