The Trump administration is appealing a federal judge’s decision to reinstate Hampton Dellinger as head of the U.S. Office of Special Counsel (OSC), the agency responsible for protecting federal whistleblowers. Dellinger was removed from his position by President Donald Trump, prompting legal challenges and concerns over the independence of federal oversight agencies.
Background of the Dispute
Hampton Dellinger, appointed by President Joe Biden and confirmed by the Senate in 2024 for a five-year term, was dismissed by President Trump in early February 2025. Dellinger argues his removal was unlawful, noting the Special Counsel can only be dismissed for inefficiency, neglect, or malfeasance. He filed a lawsuit challenging his termination, asserting that it violated federal law.
Judicial Intervention and Temporary Reinstatement
On February 10, 2025, U.S. District Judge Amy Berman Jackson ordered Dellinger’s temporary reinstatement while the legal proceedings continue. The judge’s order prevents the Trump administration from appointing another individual to the role during this period. In response, the administration promptly filed an appeal against the ruling.
Concerns Over Federal Oversight Independence
Dellinger’s dismissal is part of a broader pattern of the Trump administration’s efforts to reshape federal agencies. On the same day, President Trump also removed David Huitema, the director of the U.S. Office of Government Ethics, without providing a reason. These actions have alarmed whistleblower advocates and ethics watchdogs. They argue such moves could undermine government oversight and deter employees from reporting misconduct.
Implications for Whistleblower Protections
The OSC plays a crucial role in safeguarding federal employees from retaliation when they report wrongdoing. Critics warn Dellinger’s removal may deter whistleblowers fearing weak protections. Stephen Kohn called the firing “irresponsible and dangerous,” warning it undermines whistleblower programs.
Next Steps in the Legal Battle
As the legal battle unfolds, the temporary reinstatement of Dellinger ensures that the OSC continues to operate under his leadership. The appeal’s outcome will impact federal oversight autonomy and whistleblower protections.
