Lawsuit filed by Hampton Dellinger, head of the U.S. Office of Special Counsel, against President Donald Trump and several political appointees within his administration challenging Trump’s attempt to illegally fire him.
In 2024, Dellinger was appointed by former President Biden to a five-year term as special counsel. As special counsel, Dellinger is responsible for enforcing whistleblower and civil service statutes designed to protect federal employees who face political reprisal or report fraud and abuse within the government. On Feb. 7, 2025, Trump purported to fire Dellinger over email. He did not provide a reason for Dellinger’s termination. On Feb. 10, Dellinger filed a lawsuit.
In his complaint Dellinger argues his purported firing violates a federal law that only allows the special counsel to be removed before the end of his or her five-year term for “inefficiency, neglect of duty, or malfeasance in office”. He also argues that the political appointees Trump attempted to give control of the Office of Special Counsel to have denied him access to his office and recognized a new Acting Special Counsel, in violation of the Administrative Procedures Act, which prohibits federal agencies from taking actions against the law. Finally, he argues that by ignoring Congress’ intent to create the Office of Special Counsel as an independent agency outside the executive branch, President Trump violated the principle of separation of powers within the U.S. Constitution.
Dellinger asks the court to rule that he was illegally fired, block Trump and members of his administration from replacing him and order them to fully reinstate him with backpay for the time he was illegally prevented from performing his job.
On Feb. 10, the district court issued a brief administrative stay or pause ordering the government to reinstate Delligner until it ruled on a motion for a temporary restraining order. The federal government immediately appealed that order to the U.S. Circuit Court of Appeals for the D.C. Circuit. On Feb. 12, the D.C. Circuit rejected that appeal as premature. On that same day, the district court granted Dellinger’s motion for a temporary restraining order. The government immediately appealed that decision as well.
On Feb. 15, in a 2-1 decision, the D.C. Circuit rejected the government’s second appeal, ruling once again that it was too early in the case for an appellate court to review.
On Feb, 16, the government asked the U.S. Supreme Court to vacate the temporary restraining order. In its application to vacate, the government said that Article II of the U.S. Constitution gives the president power to remove members of independent agencies at his own will.
On Feb. 21, the the U.S. Supreme Court issued an order holding Trump’s application to vacate in abeyance until a hearing in the district court on Feb. 26.
On Feb. 26, the district court judge extended her order temporarily blocking the Trump administration from firing Dellinger until March 1.
On March 1, 2025, a district court judge ruled that the Trump administration’s firing of Dellinger was illegal. He must remain the head of the U.S. Office of Special Counsel without any interference. The administration appealed this ruling. Litigation is ongoing.
STATUS: On March 5, 2025, the D.C. Circuit granted the administration’s request for an emergency motion to stay the district court’s ruling allowing Dellinger to remain office. Trump firing of Dellinger is in effect.
Case Documents (DC Circuit – Emergency Stay Motion)
Case Documents (U.S. Supreme Court – Application to VACATE)
Case Documents (DC Circuit – Permanent Injunction)
Case Documents (DC Circuit – temporary Restraining ORder)
Case Documents (DC Circuit – Administrative Stay)
Case Documents (DIstrICt COUrt)
Last updated: