The Trump administration has approached the Supreme Court, seeking permission to proceed with the dismissal of Hampton Dellinger, the head of the federal agency dedicated to protecting whistleblowers. The Justice Department filed an emergency appeal after a lower court temporarily reinstated Dellinger, who was appointed by Democratic President Joe Biden in 2024. The appeal follows recent firings of federal employees with civil service protections, as the administration seeks to reshape the federal government.
Dellinger's dismissal is part of a broader effort by former President Donald Trump to exert executive power and reduce the size of the federal workforce. The independent Office of Special Counsel, which Dellinger led, differs from Justice Department special counsels like Jack Smith, who are appointed for specific investigations. This office plays a crucial role in safeguarding federal employees from unlawful retaliation, especially concerning whistleblowing activities.
The appeal highlights a Supreme Court decision that previously granted Trump immunity from criminal prosecution, reflecting a robust interpretation of executive power. Trump's legal team argues that the court order temporarily reinstating Dellinger is an unwarranted interference with executive authority. They contend that Dellinger's firing does not violate any performance-related laws, as no job performance issues were cited in his dismissal notice.
Dellinger, however, asserts that his removal lacked just cause, as mandated by law for dismissing heads of such agencies. His firing marks another significant move by the Trump administration to streamline the federal government, raising concerns about the potential erosion of civil service protections for federal employees.
The legal dispute began last week when Dellinger sued over his removal. A divided appeals court panel recently refused to lift the order reinstating him, which remains in effect until February 26. The Supreme Court is not expected to make a decision on the matter until at least Tuesday.
This emergency appeal is likely the first of many from Trump’s legal team as they attempt to reverse lower court decisions hindering his second-term initiatives. The administration views these legal challenges as crucial for maintaining executive power and advancing its agenda.
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