Judge To Trump-terminated Ethics Watchdog: You’re Un-fired

A federal judge reined in President Donald Trump’s firing spree Monday, ruling that a federal ethics watchdog can return to his job for at least a few days while the judge receives more detailed legal arguments about the case.

Judge Amy Berman Jackson issued the reprieve to Special Counsel Hampton Dellinger, after he sued to contest the Friday night email he received from the White House indicating he’d been dismissed from his position. Dellinger, an appointee of President Joe Biden, is just one of various officials across the government whom Trump has tried to fire in recent days. Some of them are covered by federal statutes that limit the president’s authority to dismiss them.

Although his title is special counsel, Dellinger’s position is different from the more prominent special counsels who prosecute politically sensitive cases for the Justice Department. Rather, Dellinger leads an independent federal agency that handles whistleblower issues and complaints about violations of the Hatch Act, which limits political activity by government employees.

Trump must allow Dellinger to continue to have “access” to the agency’s resources and cannot “recognize the authority of any other person as Special Counsel” while the order remains in effect, Jackson wrote.

Jackson, an appointee of President Barack Obama, issued what she called an “administrative stay” restoring Dellinger to his post through Thursday night. In her brief order, she noted that he was confirmed by the Senate, is in the midst of a five-year term and that federal law dictates he "may be removed by the President only for inefficiency, neglect of duty, or malfeasance.”

The Justice Department quickly appealed Jackson’s order Monday night.

Jackson said she’d refrain from a formal ruling on Dellinger’s request for a temporary restraining order until the Justice Department submits written arguments in the case, which will be due by noon Tuesday.

“I am grateful to have the opportunity to continue leading the Office of Special Counsel and I am resuming my work tonight,” Dellinger said in a statement.

Spokespeople for the White House and the Justice Department did not immediately respond to requests for comment.

Jackson’s order followed a late-afternoon hearing where Justice Department attorney Madeline McMahon said there was no emergency requiring that Dellinger be restored to his position and the DOJ has long maintained that “a single-agency head is removable at will,” even if Congress attempted to make it more difficult for a president to do so.