
A federal court has ruled in favor of President Donald Trump’s authority to remove Hampton Dellinger from the Office of Special Counsel, overriding a lower court decision that attempted to reinstate him.
The DC Circuit Court of Appeals sided with the Justice Department after Judge Amy Berman Jackson previously determined that the firing violated federal law. Jackson had argued that the Office of Special Counsel should be insulated from political influence and ruled that Dellinger’s dismissal was unlawful.
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Major win for President Trump:
The DC Circuit stays Obama DC Judge Amy Berman Jackson’s order reinstating the Special Counsel against President Trump’s will.
In other words:
Hampton Dellinger, You’re Fired! pic.twitter.com/6onmY2OoSo
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) March 5, 2025
A three-judge panel granted a stay on Jackson’s order, allowing Dellinger’s removal to take effect while the court continues reviewing the case. The Justice Department asserted that Jackson had overstepped her authority and that Trump, as president, has the constitutional right to dismiss officials within the executive branch.
Dellinger, a Biden appointee, had led an office responsible for investigating misconduct and ensuring whistleblower protections. His legal team has argued that allowing the president to remove him at will undermines the office’s purpose. Jackson had echoed those concerns in her ruling, arguing that his position was designed to function independently of political control.
DC appellate court puts hold on Judge Amy Berman Jackson order reinstating Hampton Dellinger as special counsel.
He’s out for now as appeal advances on expedited basis at DC circuit. pic.twitter.com/KvBF1ttsnI
— Julie Kelly 🇺🇸 (@julie_kelly2) March 5, 2025
With the appeals court agreeing to an expedited review, legal analysts expect further developments in the coming weeks. Dellinger may take the case to the U.S. Supreme Court, which previously declined to step in during an earlier stage of the dispute.
The Justice Department had already stated that Jackson lacked the authority to reinstate Dellinger, arguing that the president’s removal power is well established under the Constitution.
Sit down Hampton Dellinger. Resign. We don't want you in any position of power. @HampDellinger
— Freya J. 🇺🇸🇮🇸 (@FarmerGirlFreya) March 2, 2025