- Oct 17, 2011
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Trump’s power to fire executive branch officials will be tested in another lawsuit
Hampton Dellinger, who led an ethics enforcement office, said his firing is illegal.Dellinger was appointed by President Joe Biden to lead the Office of Special Counsel, which has no connection to the similarly titled special counsel offices that handle politically sensitive criminal cases at the Justice Department. The office enforces federal whistleblower laws and the Hatch Act — the main statute limiting political activity by federal employees. The office also fields complaints from veterans about discrimination upon their return from military service.
[Trump fired him last Friday.]
Judge to Trump-terminated ethics watchdog: You’re un-fired
Judge Amy Berman Jackson issued the reprieve to Special Counsel Hampton Dellinger, after he sued to contest the Friday night email he received from the White House indicating he’d been dismissed from his position. Dellinger, an appointee of President Joe Biden, is just one of various officials across the government whom Trump has tried to fire in recent days. Some of them are covered by federal statutes that limit the president’s authority to dismiss them.Trump must allow Dellinger to continue to have “access” to the agency’s resources and cannot “recognize the authority of any other person as Special Counsel” while the order remains in effect, Jackson wrote.
The Justice Department quickly appealed Jackson’s order Monday night.
Jackson said she’d refrain from a formal ruling on Dellinger’s request for a temporary restraining order until the Justice Department submits written arguments in the case, which will be due by noon Tuesday.