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A federal judge on Wednesday temporarily extended an order preventing President Donald Trump from firing Hampton Dellinger, the head of the Office of Special Counsel (OSC), as she weighs further legal action in the case.
U.S. District Judge Amy Berman Jackson, an appointee of former President Barack Obama, ruled that Dellinger, who leads the agency responsible for protecting government whistleblowers, can remain in his post at least through Saturday while she finalizes a decision.
The case is seen by legal analysts as an early test of Trump’s authority to remove officials from independent agencies and is expected to reach the Supreme Court. The justices on Friday declined the government’s emergency request to lift the block on Dellinger’s firing, putting the matter on hold until Jackson’s previous temporary restraining order expired Wednesday.
“It is incumbent upon this Court to resolve this matter even more expeditiously than the Federal Rules of Civil Procedure would ordinarily permit; and the Court will do so,” Jackson wrote in a 5-page order. “Given the significance of the constitutional questions presented, though, it is also incumbent upon the Court to give full consideration to all of the arguments advanced during today’s hearing before it finalizes its opinion.”
SUPREME COURT KEEPS PAUSE ON TRUMP BID TO FIRE WATCHDOG HEAD
Dellinger, appointed by former President Joe Biden, sued the Trump administration earlier this month after he received a one-sentence email notifying him of his termination. He argues that his removal violates his statutory five-year term, as Congress—not the president—sets the terms of removal for officials like him.
The Justice Department countered that Dellinger exercises “core executive” functions and serves at the pleasure of the president. The outcome of the case could set a precedent for Trump’s ability to reshape the federal workforce by removing officials at will who were appointed under the previous administration.