A federal court of appeals on Wednesday allowed President Trump to proceed with the firing of the head of the federal watchdog agency.
The DC Circuit Court of Appeals granted the Trump administration's request to lift a lower court injunction that prohibits the president from eliminating Hampton Dillinger as head of the Special Adviser Bureau.
Dellinger was appointed by former President Joe Biden last March and led the Special Advisors Bureau, an independent agency responsible for investigating and prosecuting workplace misconduct in the workplace.
He was later confirmed to the Post in a partisan vote, with all Republicans opposed his nomination.
“This order affects the removal of the appellant from his position as a special advisor to the US Special Advisor,” the three judge panel said. “The appellant meets the strict requirements for stays pending appeal.”
The Court of Appeals further said it would facilitate review of the lower court's ruling.
US District Judge Amy Berman Jackson on Saturday stopped Trump from firing Dillinger, arguing that his removal would have a calm effect on the Special Advisors' Office's ability to protect federal workers from retaliation against whistleblowers.
“Special Advisors are to withstand the winds of political change and should help ensure that government servants of either party are not subject to prohibited employment practices, or by holdingovers from previous administrations or by new personnel officers, Jackson, Barack Obama's appointee, wrote in her ruling.
Jackson rejected the Trump administration's claim that removal protections that shield Dillinger are unconstitutional.
Dellinger sued the Trump administration in DC federal court last month after being notified via email that he had been fired.
“The email did not attempt to comply with the special advisor's one-cause removal protection,” his initial complaint read. “It simply states: “On behalf of President Donald J. Trump, I am writing to let you know that your position as a special advisor to the US Special Adviser Office has ended and will soon be over.”
Dellinger argued that his dismissal was illegal due to federal law that shows that the commander can only be removed by the commander “for inefficiency, negligence of duty, or misconduct in his duties.”
He also pointed to the initiative of Doge Chief Elon Musk to layoff federal workers to claim he is “more necessary than ever.”
Dellinger's office is also responsible for implementing the Hatch Act, which limits partisan political activity among government workers.
Dellinger can appeal before the Supreme Court on Wednesday's order.
