Federal judge could keep OSC head in position after Trump's attempt to fire him

By 
 February 27, 2025

The Trump administration continues to fight an ongoing legal battle in its efforts to terminate Hampton Dellinger, the head of the Office of Special Counsel (OSC).

According to Fox News, it appears that the legal battle will remain in limbo as a federal judge hinted this week that she may extend a temporary restraining order that kept Dellinger employed.

President Donald Trump and the White House announced Dellinger's termination earlier this month, and it was met immediately with legal action, the first top official fired by Trump to challenge his authority in court.

The ongoing legal matter was described as "an extraordinarily difficult constitutional issue"  by U.S. District Court Judge Amy Berman Jackson.

What's happening?

Just over 14 days ago, Judge Jackson issued the temporary restraining order that allowed Dellinger to remain in his role as the Trump administration continues to attempt relieve him of his duties.

The matter was taken by the Trump administration to the U.S. Supreme Court, which refused to get involved in granting permission to the administration to fire Dellinger.

Liberal justices Sonia Sotomayor and Ketanji Brown Jackson voted to deny the administration's request to fire Dellinger, marking one of the first major legal hurdles in the ongoing legal drama.

Fox News noted:

Conservative justices Neil Gorsuch and Samuel Alito dissented, saying the lower court overstepped. They also cast doubt on whether courts have the authority to restore to office someone the president has fired.

Gorsuch admitted that some people fired by Trump have contested their terminations, but noted that "those officials have generally sought remedies like backpay, not injunctive relief like reinstatement."

Dellinger released a statement after the Friday ruling that essentially allowed him to keep his job, at least for now.

Statement released

Dellinger expressed his thanks to the courts for allowing him to continue leading the OSC, which specializes in whistleblower protection.

"I am glad to be able to continue my work as an independent government watchdog and whistleblower advocate," Dellinger said in a statement after Friday's hearing.

"I am grateful to the judges and justices who have concluded that I should be allowed to remain on the job while the courts decide whether my office can retain a measure of independence from direct partisan and political control."

Only time will tell if he ultimately gets to remain in his position.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson