Trump wins battle to fire ethics boss

President Trump has secured a significant legal victory in his efforts to assert greater control over the federal workforce, as Hampton Dellinger, the head of the Office of Special Counsel (OSC), has withdrawn his lawsuit challenging his dismissal. Dellinger, appointed by President Biden, had been serving a five-year term aimed at promoting a nonpartisan and ethical federal workforce by enforcing laws against partisan activities and protecting whistleblowers.​

Hampton Dellinger, 57, has had a distinguished career in both public service and private practice. He earned a Bachelor of Arts from the University of Michigan and a Juris Doctor from Yale Law School. Early in his career, Dellinger clerked for Judge James Dickson Phillips Jr. of the U.S. Court of Appeals for the Fourth Circuit. He later served as legal counsel to North Carolina Governor Mike Easley from 2001 to 2003 and was a member of the governor's advisory council on Hispanic-Latino affairs during the same period.​

Transitioning to private practice, Dellinger became a partner at Womble Carlyle from 2003 to 2008 and later joined Robinson, Bradshaw & Hinson. From 2013 to 2020, he was a partner at the Washington, D.C., office of Boies Schiller Flexner LLP. In 2008, Dellinger sought the Democratic nomination for lieutenant governor of North Carolina but was defeated in the primary by Walter H. Dalton.

In June 2021, President Biden nominated Dellinger to serve as Assistant Attorney General for the Office of Legal Policy at the Department of Justice. He was confirmed by the Senate in October 2021 and served until June 2023. Subsequently, in October 2023, Biden nominated him to lead the OSC. Following Senate confirmation, Dellinger was sworn in as Special Counsel on March 6, 2024. ​

Federal law stipulates that the Special Counsel can only be removed for misconduct. However, in February, a White House official sent Dellinger an email terminating his employment without explanation. In response, Dellinger filed a lawsuit to contest his removal. U.S. District Judge Amy Berman Jackson issued a 67-page opinion temporarily reinstating Dellinger while the litigation proceeded. The Trump administration appealed, arguing that the statute limiting the president's removal power was unconstitutional. A three-judge panel from the D.C. Circuit Court of Appeals sided with the administration, allowing the dismissal to proceed. ​

Following the appellate court's decision, Dellinger announced he would cease his legal efforts to retain his position, stating, "I think the circuit judges erred badly because their willingness to sign off on my ouster—even if presented as possibly temporary—immediately erases the independence Congress provided for my position." ​

The OSC plays a crucial role in maintaining a nonpartisan and ethical federal workforce by enforcing laws against partisan activities and protecting whistleblowers. Dellinger's tenure included actions to protect federal employees from mass dismissals that potentially violated federal laws. His removal raises concerns about the independence of federal oversight agencies and the extent of presidential authority over such positions.

This case underscores ongoing debates about the balance of power between the executive branch and independent federal agencies, a matter that may ultimately require clarification from the Supreme Court.