Hampton Dellinger Ends Legal Battle Over Firing as Head of Whistleblower Office

A Decision to Step Back

Hampton Dellinger, the former head of the U.S. Office of Special Counsel (OSC), has decided to drop his legal challenge against his termination by President Trump. Dellinger, who was appointed by President Joe Biden and confirmed by the Senate in February 2024, was abruptly fired in February of this year. His decision to end the legal fight comes after a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit granted the Trump administration’s request to halt a lower court order that had temporarily blocked his firing.

In a statement, Dellinger explained that he is abandoning the case because the recent ruling from the D.C. Circuit allows the government to remove him from office while the legal battle continues. He emphasized that pursuing the case further would likely take months, during which time the OSC would be led by someone loyal to the president. Dellinger expressed concerns about the potential harm this could cause to the agency’s independence and its ability to protect whistleblowers and federal employees.

The Legal Battle Unfolds

Dellinger’s firing was part of a broader effort by the Trump administration to overhaul the federal government, reduce its size, and consolidate power. Shortly after his termination, Dellinger filed a lawsuit in federal district court, arguing that his removal was unlawful. Federal law protects the head of the OSC from being fired except for specific reasons, such as inefficiency, neglect of duty, or malfeasance in office.

U.S. District Judge Amy Berman Jackson initially sided with Dellinger, ruling that he must remain in his role while she considered his request for a longer injunction. However, the Trump administration appealed the decision to the D.C. Circuit, which granted an emergency request to halt Jackson’s ruling. This allowed the president to remove Dellinger from office while the case continued.

Dellinger criticized the D.C. Circuit’s decision, calling it a serious erosion of the independence that Congress had established for the OSC nearly 50 years ago. He argued that the ruling undermines the protections that ensure the agency can operate free from political interference. However, he also acknowledged that appealing the decision to the Supreme Court would be a long shot, given recent rulings that have strengthened the president’s authority to remove executive branch officers at will.

Dellinger’s Fight for Federal Workers

Despite the legal battle over his own termination, Dellinger remained actively engaged in his duties. He took several significant actions to challenge the Trump administration’s policies, particularly those targeting federal workers. For instance, he petitioned against the recent mass firings of federal employees, arguing that these actions violated civil service protections.

On Tuesday, Dellinger argued before the Merit Systems Protection Board (MSPB) that the Department of Agriculture’s firing of over 5,000 probationary workers was illegal. The MSPB is the administrative body responsible for addressing federal employment disputes. Dellinger’s efforts reflect his commitment to protecting federal workers and upholding the rule of law, even as his own legal fight came to an end.

Broader Implications of the Trump Administration’s Actions

Dellinger’s case is part of a larger pattern of actions by the Trump administration to reshape the federal government. Since returning to office for his second term, President Trump has taken steps to reduce the size and spending of the federal government. These efforts have included the removal of heads of key agencies, such as the National Labor Relations Board and the MSPB, as well as the firing of numerous agency watchdogs.

Thousands of federal workers deemed probationary have been laid off as part of these efforts. In addition, the White House has instructed agencies to submit “reorganization plans” and prepare for “reductions in force.” In a separate case brought by labor unions and nonprofit organizations, a federal judge in California recently ruled that the mass terminations of federal workers are likely illegal.

Despite these legal challenges, the Trump administration has continued to push forward with its agenda. Earlier this month, a federal judge in Washington, D.C., ordered Cathy Harris, a member of the MSPB, to be reinstated, but the Justice Department has appealed the decision. Meanwhile, approximately 75,000 federal workers have accepted a “deferred resignation” program, which allows them to resign their positions while retaining full pay and benefits until September 30.

The Future of Government Oversight

Dellinger’s decision to end his legal challenge highlights the challenges faced by federal workers and agencies in the face of a concerted effort by the Trump administration to consolidate power and reduce government oversight. The OSC, in particular, plays a critical role in protecting whistleblowers and ensuring that federal employees are not retaliated against for reporting misconduct or wrongdoing.

By removing Dellinger and replacing him with a special counsel loyal to the president, the Trump administration risks undermining the independence of the OSC and the protections it provides. Dellinger warned that the harm caused by such a move could be “immediate, grievous, and uncorrectable.” His concerns are shared by many who believe that the integrity of federal agencies and the rule of law are under threat.

Conclusion: A Call for Accountability

Hampton Dellinger’s decision to step down from his legal fight marks the end of a pivotal chapter in the ongoing battle over the independence of federal agencies. While Dellinger acknowledged the long odds of prevailing in the Supreme Court, his actions demonstrate a deep commitment to upholding the principles of justice and accountability that are central to the mission of the OSC.

As the Trump administration continues to reshape the federal government, the outcome of these legal and political battles will have far-reaching implications for whistleblowers, federal workers, and the broader system of checks and balances in the U.S. government. Dellinger’s case serves as a reminder of the importance of protecting the independence of agencies like the OSC and ensuring that they can operate free from political interference. The future of government oversight and accountability hangs in the balance.