WASHINGTON – The head of the federal watchdog must remain in his job, a Washington judge ruled Saturday, saying President Donald Trump's bid to remove special advisors is illegal.
US District Judge Amy Berman Jackson sided with Hampton Dillinger, the special counsel office, in a legal battle over the president's powers to expel the head of independent bodies who are likely to have returned to the U.S. Supreme Court.
Dillinger sued Trump last month after he was fired, despite the law saying the president can only be removed because of inefficiency, neglect of duty or misconduct. Nominated to the bench by Democrat President Barack Obama, Jackson quickly revived Dillinger on work while he pursued his case.
Jackson rejected the Trump administration's claim that special advisor removal protections were unconstitutional, as it prevented the president from justly establishing an agency manager of his preference.
The judge said allowing the president to remove special advisors of his will would have a calm effect on his important duties. This includes protecting federal workers from illegal personnel actions, such as retaliation for whistleblowers.
“Special advisors should help withstand the winds of political change and ensure that government servants of either party are not subject to prohibited employment practices.
The Justice Department immediately filed court documents indicating it was challenged by the Federal Court of Appeals in Washington. The case has already come to the Supreme Court once, previously allowing Dellinger to temporarily remain in his job.
The ruling comes as it challenges the removal of probation workers who were fired as part of a major Trump administration overhaul. The federal committee on Tuesday suspended termination of several probation workers after Dellinger said shootings could be illegal.
“I am pleased and grateful that the court has confirmed the importance and legality of employment protection that Congress has given me my position,” Dillinger said in a statement Saturday. “In general, my efforts to protect federal employees, especially whistleblowers from illegal treatment, will continue.”
The judge said the special advisor had “unique positions and missions.” The office is investigating whistleblower claims, pursuing disciplinary action against employees who punish whistleblower, and investigating how employees provide channels to disclose government misconduct.
“If I had no independence, if it could be removed without a valid reason, then there would be no good reason for federal employees to come to me,” Dillinger told reporters outside federal court in Washington after a recent hearing.
The Special Advisory Bureau is responsible for implementing the Hatch Act, which limits the partisan political activity of government workers. Dillinger's firing comes as Trump administration employees touted support for social media for his policies, despite the aim of limiting political advocacy while on duty.
The Justice Department last month adopted a sweep language when urging the Supreme Court to allow the termination of limited federal agencies. Acting Attorney General Sarah Harris wrote in court documents that lower courts blocked Dillinger's firing and crossed the “constitutional red line” by “stoping the agenda of the enforcement branch in the important first day of the new administration.”
Dellinger was appointed by Democratic President Joe Biden and confirmed by the Senate for a five-year term in 2024.
