A federal appeals court has ruled that President Donald Trump can fire a special counsel while legal proceedings continue, marking a significant victory for the Trump administration. The decision allows Trump to remove Hampton Dellinger, a special counsel in charge of whistleblower cases, during the ongoing appeals process. The ruling comes as part of Trump's broader effort to eliminate government positions he views as unnecessary.
The U.S. Court of Appeals for the D.C. Circuit, in a unanimous decision issued on March 5, overturned an earlier ruling by U.S. District Judge Amy Berman Jackson. Jackson, an Obama appointee, had temporarily reinstated Dellinger after Trump dismissed him with a single-sentence email upon returning to the White House in January. The appeals court, however, declared that Trump’s removal of Dellinger could take effect immediately while the court continues to consider the case.
In their ruling, the appellate judges stated, “The district court’s March 1, 2025, order is stayed pending further order of the court,” effectively endorsing Trump’s authority to remove executive officers, including Dellinger. The court added that “the Trump administration has satisfied the stringent requirements for a stay pending appeal.”
Legal Battle Over Whistleblower Role
Dellinger, appointed by former President Joe Biden, served as special counsel for the U.S. Office of Special Counsel, a role designed to protect whistleblowers and ensure federal employees can report misconduct without fear of retaliation. His dismissal has sparked a legal battle that has drawn national attention. The case is widely seen as a test of presidential authority over executive branch personnel.
Judge Amy Berman Jackson criticized the Trump administration in her earlier decision, accusing White House lawyers of creating unnecessary chaos by abruptly removing Dellinger. In a pointed remark, she wrote, “It’s as if the bull in the china shop looked back over his shoulder and said, ‘What a mess!’”
However, the appeals court decision undermined Jackson’s order, granting Trump the power to proceed with the special counsel’s removal while the case is under review. The three-judge panel included appointees from across political administrations: Karen Henderson (appointed by George H.W. Bush), Patricia Millett (appointed by Barack Obama), and Justin Walker (appointed by President Trump). Millett, an experienced constitutional lawyer who has argued 32 cases before the U.S. Supreme Court, played a key role in crafting the unanimous decision.
Trump Administration Defends Presidential Authority
The Trump administration has consistently defended the president’s unrestricted authority to remove executive officers. Acting Solicitor General Sarah M. Harris argued in a February 16 Supreme Court appeal that Congress and courts cannot interfere with presidential decisions concerning executive appointees. She emphasized that the president’s removal powers are “conclusive and preclusive constitutional authority.”
The legal process is moving quickly, with the appeals court pushing the case to the top of its docket. The court ordered the Trump administration to file a reply brief by March 21, followed by a brief from Dellinger’s legal team by April 4. A final reply from the administration is due on April 11. The court has not yet scheduled oral arguments but intends to hear the case during the current term.
Conservative Praise for the Ruling
The appeals court decision has been widely celebrated by Republican lawmakers and conservative media figures, who view it as a victory for presidential authority and a step toward reducing unnecessary bureaucracy. Supporters argue that the removal of Dellinger is a critical part of Trump’s broader strategy to streamline government operations and eliminate inefficiencies.
As the case moves forward, it remains uncertain how the court will ultimately rule on the broader legal questions surrounding Dellinger’s firing. For now, however, Trump retains the authority to implement his decision.
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