Special counsel Hampton Dellinger has decided to drop his lawsuit challenging President Donald Trump’s firing of him, following a federal appeals court decision to temporarily remove him from his position. This move halts what could have been a significant test of Trump’s authority to dismiss officials with some degree of independence in the federal government. Dellinger’s case had the potential to reshape the legal landscape regarding protections for federal civil service employees approved by Congress. However, with Dellinger withdrawing his lawsuit, the opportunity for the Supreme Court to revisit the independence of his position from the president’s influence has been lost.
The case marked the first instance of emergency proceedings before the Supreme Court questioning Trump’s executive power and was in the process of moving through lower courts. Dellinger’s decision to drop the case came after the federal Circuit Court in Washington, DC sided with Trump’s Justice Department to keep Dellinger out of the special counsel role for the time being. Dellinger expressed concerns about the lack of independence in the Office of Special Counsel under the current circumstances.
As a dedicated advocate for whistleblower protection and upholding the integrity of the OSC, Dellinger emphasized that his fight was not personal but aimed at preserving the agency’s intended role as an independent watchdog. Despite this setback, Dellinger remains committed to making a positive impact in other avenues as an attorney and a civic-minded individual. His work had already led to successful efforts in reinstating thousands of Agriculture Department workers and pursuing justice for others affected by mass layoffs during the Trump administration.