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US Judge Rules Trump’s Firing of Whistleblower Protection Head Illegal
A federal judge in the United States has ruled that former President Donald Trump’s dismissal of the head of a critical federal oversight agency was unlawful, marking a significant early challenge to the limits of presidential authority. This case is expected to potentially reach the US Supreme Court for a final determination.
District Judge Amy Berman Jackson, based in Washington, had earlier ruled that Hampton Dellinger, who serves as the head of the Office of Special Counsel (OSC), could retain his position while awaiting a final verdict. The Office of Special Counsel plays a vital role in safeguarding whistleblowers, providing them with protections against retaliation.
In her ruling, Judge Jackson expressed that allowing Trump to terminate Dellinger could set a concerning precedent, granting the president “a constitutional license to bully officials in the executive branch into doing his will.” This statement raises significant implications about the balance of power and the integrity of federal oversight mechanisms.
Following the ruling, the Justice Department announced its intention to appeal Judge Jackson’s decision to the US Court of Appeals for the District of Columbia, indicating a desire to contest the interpretation of presidential powers involved in this case.
Dellinger, who was appointed by President Joe Biden and confirmed for a five-year term by the Senate in the previous year, expressed his appreciation for the court’s affirmation of the legal protections associated with his role. In a communication to Reuters, he reiterated his commitment to protecting federal employees and whistleblowers from unlawful adverse actions.
Defense attorneys representing the Trump administration have contended that the ongoing litigation infringes on Trump’s executive authority over his staff and appointees. However, Judge Jackson, nominated by President Barack Obama, dismissed the argument asserting that the statute enabling Dellinger’s position is unconstitutional. She emphasized the importance of the special counsel’s mission to investigate unethical and illegal conduct against federal employees and to support whistleblowers in voicing concerns without fear of retaliation.
In her opinion, Judge Jackson noted, “It would be ironic, to say the least, and inimical to the ends furthered by the statute if the special counsel himself could be chilled in his work by fear of arbitrary or partisan removal.” Her emphasis on the necessity of a functional and independent OSC highlights the broader implications of the ruling for federal governance.
The Trump administration has previously urged the Supreme Court to intervene in the case, a matter that has taken on heightened urgency as the court has thus far postponed its decision. Trump’s administration has pursued measures to curtail the independence of various federal agencies, such as the Federal Trade Commission, Securities and Exchange Commission, and the Federal Communications Commission. The outcome of Dellinger’s situation may therefore significantly influence the understanding of presidential power over federal oversight entities.
Judge Jackson characterized her ruling as “extremely narrow,” asserting that it does not diminish the overall powers of the presidency. She noted, “This is the only single-headed agency left for the courts to consider, and it is unlike any of them,” indicating that the implications of this case are unique.
The acting solicitor general, Sarah Harris, previously indicated that Dellinger’s ongoing role as special counsel was obstructing the Trump administration’s efforts, referencing Dellinger’s intervention related to the proposed dismissal of six probationary government employees sought by the administration.
Source
www.theguardian.com