Trump Cleared to Oust Head of Whistleblower Office for Now (2)

A federal appeals court cleared the way for President Donald Trump to at least temporarily fire the head of an independent US whistleblower agency, pausing a decision by a judge who determined the dismissal was illegal.

The ruling is a major setback for Hampton Dellinger, who was fired from the Office of Special Counsel without explanation on Feb. 7 but remained in his job by judicial order. His termination was part of the president’s bid to get rid of some agency officials whose independence was established by Congress.

A three-judge panel of the US Court of Appeals for DC Circuit on Wednesday said its order “gives effect to the removal” of Dellinger from his position. The Trump administration had “satisfied the stringent requirements for a stay pending appeal,” the panel said. Should Dellinger appeal, the case may ultimately be decided by the US Supreme Court.

Dellinger’s lawyer didn’t immediately return a message seeking a comment on the ruling.

The decision overrides US District Judge Amy Berman Jackson’s March 1 ruling that Dellinger’s firing was unlawful because the federal law that created the position only allows for termination by the president for “inefficiency, neglect of duty, or malfeasance in office,” none of which apply to the case.

The judge issued a permanent injunction barring Dellinger’s removal or the recognition of any purported replacement. The judge ruled Dellinger must remain on the job until his five-year term ends in March 2029, unless he’s fired for cause. Jackson said there was no indication that Dellinger, appointed by former President Joe Biden, was biased.

The Trump administration has been arguing in favor of a broad interpretation of presidential power as it defends itself in lawsuits filed by executive branch officials who were fired without cause before their set terms expired. At issue is whether it was constitutional for Congress to grant a measure of independence to the positions when they were created decades ago.

The three-judge panel on the appeals court was comprised of one Democratic appointee and two Republicans, including one by Trump. No dissent was indicated in the order.

Republicans fought to prevent Dellinger from getting the job in the first place, arguing he couldn’t be fair in matters related to Biden because he allegedly had connections to Hunter Biden’s business dealings. Dellinger was a partner at the office of Boies Schiller Flexner, where Hunter Biden also worked.

The US Supreme Court previously denied Trump’s request to immediately lift the temporary restraining order Jackson issued before she ruled on the preliminary injunction. The justices deferred acting on the president’s appeal, but didn’t reject it outright.

The Dellinger legal fight was the first that Trump took to the Supreme Court since he began his second term, which has been marked by a torrent of lawsuits challenging his bid to assert sweeping presidential powers.

The case is Dellinger v. Bessent, 25-cv-5025, US District Court, District of Columbia (Washington).

(Updates with request for comment from Dellinger’s lawyer.)

--With assistance from Greg Stohr.

To contact the reporter on this story:
Erik Larson in New York at elarson4@bloomberg.net

To contact the editors responsible for this story:
Misyrlena Egkolfopoulou at megkolfopoul@bloomberg.net

Steve Stroth, Peter Blumberg

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