A judge appointed by former President Barack Obama has ruled in favor of allowing President Donald Trump to dismiss a special counsel while an appeals court deliberates on the matter.
Trump decided to fire special counsel Hampton Dellinger, who had been appointed under former President Joe Biden’s administration to handle federal whistleblower cases. Dellinger challenged the firing in court, and the legal battle has become a key issue in Trump’s broader efforts to reform and reduce the size of the federal government, which he believes is bloated with unnecessary employees.
Dellinger’s position was designed to provide a safe channel for federal workers to report corruption or misconduct within the government, ensuring protection from retaliation. However, when Trump took office again, he promptly dismissed Dellinger via a simple one-sentence email. Dellinger has since taken the case to court, fighting to be reinstated.
Initially, U.S. District Judge Amy Berman Jackson, an Obama appointee, temporarily ordered Dellinger’s reinstatement. But on March 5, the D.C. Court of Appeals issued a unanimous decision to overturn that order, allowing Trump to proceed with the dismissal while the case is still under legal review. The appeals court panel included Judge Karen Henderson, nominated by George H.W. Bush, Judge Patricia Millett, nominated by Obama, and Judge Justin Walker, nominated by Trump during his first term.
In their decision, the court ruled that the Trump administration had met the necessary requirements to halt Dellinger’s reinstatement while the case proceeds, noting that the removal of a special counsel falls within the President’s constitutional authority. The court set an expedited schedule for the case, with legal briefs due by March 21, April 4, and April 11, respectively. A date for oral arguments will be set after briefing concludes.
This legal battle underscores the ongoing clash between the executive branch and the judicial system, with Trump seeking to exercise his constitutional power to remove federal employees, while some courts try to protect government positions from political shifts.