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Special Counsel Dellinger Withdraws Lawsuit Following Removal
Special Counsel Hampton Dellinger announced he is abandoning his lawsuit aimed at reversing his dismissal initiated by former President Donald Trump. This decision paves the way for the president to appoint a new leader for the Office of Special Counsel (OSC), which is responsible for safeguarding federal employees and whistleblowers against unjust personnel actions.
A district judge had initially blocked Dellinger’s termination on March 1; however, the U.S. Court of Appeals for the D.C. Circuit later gave the green light for his removal while deliberating on Trump’s appeal.
In his statement, Dellinger expressed concern over the implications of the court’s decision: “This new ruling means that OSC will be run by someone totally beholden to the president for the months that would pass before I could get a final decision from the U.S. Supreme Court,” he remarked. He emphasized that the circuit judges’ ruling undermined the independence which Congress intended for his position, a safeguard that has been recognized as lawful for nearly half a century. With the unfavorable ruling from the circuit court, he stated, his chances of prevailing before the Supreme Court seem slim.
Dellinger was appointed by President Joe Biden and confirmed by the Senate in 2024 for a five-year term. He received a termination notice from the White House on February 7 without any provided rationale. His legal case argued that special counsels can only be dismissed for valid reasons, such as inefficiency, neglect, or misconduct.
The OSC has not provided details on who has stepped in as the acting head of the agency following Dellinger’s dismissal. Previously, Trump appointed Veterans Affairs Secretary Doug Collins to this role; however, a district judge’s order reinstated Dellinger shortly thereafter while the lawsuit was under consideration.
On a significant note, Dellinger recently reinstated thousands of probationary employees at the Agriculture Department, identifying that the mass firings of newly hired, promoted, or transferred government workers were unlawful.
February 8 marked one year since Dellinger was sworn in as special counsel. During his time in office, he raised concerns against senior Biden administration official Neera Tanden for alleged violations of the Hatch Act related to her fundraising activities for political candidates. Similarly, he concluded that former Navy Secretary Carlos Del Toro breached the same act through comments made regarding the 2024 presidential election.
In closing, Dellinger expressed gratitude to the OSC staff, his legal team, and particularly to federal employees. He stated, “You deserve better, much better, than your recent unfair and unlawful treatment from too many parts of the United States government.”
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