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Court Rules Official Advocating for Reinstatement of Terminated Probationary Federal Employees Can Be Removed During Ongoing Legal Dispute

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U.S. Appeals Court Temporarily Blocks Dismissal of Special Counsel Dellinger

The D.C. Circuit Court of Appeals issued a decision on Wednesday to temporarily invalidate a lower court’s ruling that had prevented the Trump administration from terminating Special Counsel Hampton Dellinger. This judgment allows Dellinger’s removal to be reconsidered while the appeals process is underway.

The three-judge panel, composed of appointees from three different presidential administrations—George H.W. Bush, Barack Obama, and Donald Trump—has expedited the case. They mandated that all relevant briefings be submitted by April 11.

During this interim period, Dellinger, who is prohibited from acting as special counsel, successfully restored the employment status of thousands of probationary staffers at the Agriculture Department. He had previously concluded that the mass layoffs of newly hired, promoted, or reassigned federal employees violated labor laws.

Dellinger was officially notified of his dismissal by the White House on February 7, a notice that lacked a stated reason. In his legal challenge, he contends that special counsels can only be dismissed for specific causes, including “inefficiency, neglect of duty or malfeasance in office.”

Appointed by former President Joe Biden, Dellinger was confirmed by the Senate in 2024 to serve a five-year term in his role.

Source
www.govexec.com

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