March 6 (UPI) — A Washington, D.C., appeals court has permitted President Donald Trump to remove the head of a federal watchdog agency amid litigation.
In a brief unsigned order on Wednesday, the U.S. Court of Appeals for the District of Columbia Circuit lifted a block put in place Saturday on the removal of Office of Special Counsel head Hampton Dellinger.
“Appellants have satisfied the stringent requirements for a stay pending appeal,” the three-judge panel ruled.
Dellinger is expected to appeal the decision to the Supreme Court.
The Office of Special Counsel is an independent federal investigative and prosecutorial agency that protects federal employees from unlawful firings and whistleblower retaliation, among other responsibilities.
It holds the government accountable and protects whistleblowers and serves as a safeguard against unchecked power.
Dellinger was nominated to a five-year term as head the office in October 2023 by then President Joe Biden and confirmed by the Senate in February 2024. As head of the office, Dellinger has special authority to investigate actions taken by the Trump administration, including efforts to cull federal workers seemingly indiscriminately.
However, Trump moved to fire Dellinger on Feb. 7, prompting the watchdog head to sue the federal government.
He maintains that his firing was illegal as federal law states the special counsel “may be removed by the President only for inefficiency, neglect of duty or malfeasance in office.”
The Trump administration argues that the rule is illegal as it prevents the president from shaping the government as he sees fit.
On Feb. 10, a district court issued an administrative stay against Dellinger’s firing, which was replaced two days later with a temporary restraining order, allowing him to stay in his job amid litigation
Am appeals court then ruled in Dellinger’s favor, which prompted the Justice Department to ask the Supreme Court to intervene. This marked the Trump administration’s first filing with the high court, which declined to hear the case on Feb. 21.
On Saturday, Judge Amy Berman Jackson ruled that Dellinger’s removal was illegal — a ruling the appeals court lifted on Wednesday.
The ruling on Wednesday came hours after Dellinger secured a victory against the Trump administration, with an independent federal board directing the U.S. Department of Agriculture to temporarily reinstate nearly 6,000 probationary employees it had attempted to fire.