A federal watchdog for government workers is surrendering in his legal fight against President Donald Trump’s attempt to dismiss him.
Legal Battle Conclusion
A day after a federal appeals court panel permitted Trump to proceed with his plan to oust Special Counsel Hampton Dellinger, Dellinger announced that he is withdrawing his lawsuit contesting his termination.
“I believe my chances of ultimately succeeding before the Supreme Court are slim,” Dellinger remarked.
Appointment and Dismissal
Dellinger, appointed by former President Joe Biden, was in the middle of a five-year term as the head of the Office of Special Counsel, an independent agency that investigates whistleblower complaints and alleged violations of civil service laws.
His struggle to retain his position escalated into a broader confrontation recently as he petitioned a civil-service board to halt the Trump administration’s moves to dismiss thousands of federal employees in a probationary status.
Legal Maneuvers
Prior to the D.C. Circuit’s ruling, Dellinger had obtained a series of orders from U.S. District Judge Amy Berman Jackson allowing him to stay in his role after Trump initially attempted to fire him on Feb. 7. Jackson determined that Trump violated a federal law restricting his ability to dismiss the special counsel.
The Trump administration contested one of those orders all the way to the Supreme Court, which rejected the Justice Department’s plea for relief at that early stage but did not address the broader legal issue: the president’s authority to dismiss all executive branch officials for any reason, even those protected by law from arbitrary termination.
Challenges Faced
Some legal experts suggested that Dellinger’s case might not be as strong a challenge to Trump’s dismissal powers as cases involving certain other executive branch officials whom Trump sought to dismiss.
This is because Dellinger was the sole head of the Office of Special Counsel, while some of the other officials are part of multi-member panels. Courts have traditionally found that Congress has more authority to shield the heads of multi-member agencies from presidential control.
Final Decision
As the legal battle over Dellinger continued, Department of Justice lawyers used his advocacy for the dismissed workers as evidence that he was undermining Trump’s agenda.
While announcing his choice to end the legal battle, Dellinger emphasized his independence and revealed that he had cautioned Biden administration officials before assuming the position that he would take an impartial approach.
“I raised one question before agreeing: ‘you know I can’t and won’t ‘swallow my whistle’, right?’ Dellinger said. “My point was that I was going to follow and enforce the rules like an honest referee would even if some might view it as against the interests of certain individuals including the President.”
