Judge to Trump-dismissed ethics official: You’re reinstated
Special Counsel Hampton Dellinger has secured an order that permits him to continue in his position for the time being.
TroibNews 
A federal judge intervened in President Donald Trump’s recent attempts to fire officials, ruling on Monday that Special Counsel Hampton Dellinger could return to his position for at least a few days while further legal arguments are developed.
Judge Amy Berman Jackson provided this temporary reprieve after Dellinger filed a lawsuit challenging the dismissal he learned of through a Friday night email from the White House. An appointee of President Joe Biden, Dellinger represents one of several government officials Trump has sought to remove recently. Some of these officials are protected by federal laws that limit the president's ability to dismiss them.
Dellinger's role as a special counsel differs from that of the high-profile special counsels who handle politically sensitive cases for the Justice Department. Instead, he heads an independent federal agency that addresses whistleblower matters and complaints regarding violations of the Hatch Act, which restricts political activities of government employees.
Judge Jackson ruled that Trump must continue to grant Dellinger “access” to the agency’s resources and cannot “recognize the authority of any other person as Special Counsel” while her order is active.
Appointed by President Barack Obama, Jackson issued an “administrative stay” that reinstates Dellinger through Thursday night. She highlighted that he was confirmed by the Senate, is currently serving a five-year term, and that federal law stipulates he "may be removed by the President only for inefficiency, neglect of duty, or malfeasance.”
In response to Jackson’s decision, the Justice Department quickly filed an appeal late Monday.
Judge Jackson indicated she would hold off on a formal ruling regarding Dellinger's request for a temporary restraining order until the Justice Department submits written arguments by noon Tuesday.
“I am grateful to have the opportunity to continue leading the Office of Special Counsel and I am resuming my work tonight,” Dellinger stated.
Spokespeople for both the White House and the Justice Department did not immediately provide comments on the situation.
Jackson's order came after a late-afternoon hearing where Justice Department attorney Madeline McMahon argued that there was no urgent need for Dellinger to be reinstated and asserted that the DOJ has long held that “a single-agency head is removable at will,” regardless of any congressional attempts to impose restrictions.
Allen M Lee contributed to this report for TROIB News
Judge Amy Berman Jackson provided this temporary reprieve after Dellinger filed a lawsuit challenging the dismissal he learned of through a Friday night email from the White House. An appointee of President Joe Biden, Dellinger represents one of several government officials Trump has sought to remove recently. Some of these officials are protected by federal laws that limit the president's ability to dismiss them.
Dellinger's role as a special counsel differs from that of the high-profile special counsels who handle politically sensitive cases for the Justice Department. Instead, he heads an independent federal agency that addresses whistleblower matters and complaints regarding violations of the Hatch Act, which restricts political activities of government employees.
Judge Jackson ruled that Trump must continue to grant Dellinger “access” to the agency’s resources and cannot “recognize the authority of any other person as Special Counsel” while her order is active.
Appointed by President Barack Obama, Jackson issued an “administrative stay” that reinstates Dellinger through Thursday night. She highlighted that he was confirmed by the Senate, is currently serving a five-year term, and that federal law stipulates he "may be removed by the President only for inefficiency, neglect of duty, or malfeasance.”
In response to Jackson’s decision, the Justice Department quickly filed an appeal late Monday.
Judge Jackson indicated she would hold off on a formal ruling regarding Dellinger's request for a temporary restraining order until the Justice Department submits written arguments by noon Tuesday.
“I am grateful to have the opportunity to continue leading the Office of Special Counsel and I am resuming my work tonight,” Dellinger stated.
Spokespeople for both the White House and the Justice Department did not immediately provide comments on the situation.
Jackson's order came after a late-afternoon hearing where Justice Department attorney Madeline McMahon argued that there was no urgent need for Dellinger to be reinstated and asserted that the DOJ has long held that “a single-agency head is removable at will,” regardless of any congressional attempts to impose restrictions.
Allen M Lee contributed to this report for TROIB News
