A federal court judge ruled late Saturday that President Trump illegally fired special counsel Hampton Dillinger, a key watchdog for federal employees, and ordered Mr. Trump’s team not to interfere with him in any way.
The sweeping order by U.S. District Judge Amy Berman Jackson is a significant blow to Mr. Trump. Mr. Dellinger is not only fighting his firing but also moving to block the president’s attempt to fire other “probationary” federal workers.
Judge Jackson seemed intent on heading off any shenanigans by issuing an order instructing the administration not to “obstruct or interfere with his performance of duties” and not to try to appoint an acting special counsel to delegitimize Mr. Dellinger.
She declared the Feb. 7 email firing of Mr. Dellinger “an unlawful, ultra vires act.”
“Therefore, it is null and void, and plaintiff is and shall be the special counsel of the Office of Special Counsel for the remainder of his five-year term unless and until he is removed in accordance with 5 U.S.C. §1211(b),” she said.
That section of law says Mr. Dellinger, an Obama appointee, can be fired only for cause.
The Justice Department immediately filed a notice of appeal.
Mr. Trump’s team argues that Judge Jackson has imposed an unconstitutional limit on the president’s power to oversee the executive branch. They argue that Mr. Dellinger exercises core executive powers, which must be under the president’s control.
They said Mr. Dellinger is thwarting the president by working against the firings of the probationary employees.
Judge Jackson concluded that Mr. Dellinger’s job is unique because he answers not only to the president but also to Congress and the public. Indeed, he serves as a watchdog on the executive, she wrote.
Allowing the president to fire Mr. Dellinger would give him “a constitutional license to bully officials in the executive branch into doing his will.”
The special counsel’s job is to police Hatch Act violations, represent government whistleblowers, and otherwise investigate cases of inappropriate personnel moves.
Mr. Dellinger has challenged the firings of six probationary employees as part of the Trump administration’s remake of the federal bureaucracy. The special counsel won a 45-day pause on those firings from the Merit Systems Protection Board.
Judge Jackson, an Obama appointee, had issued a restraining order keeping Mr. Dellinger in his post while the case was being argued. Her new ruling is an injunction.
The case will likely proceed to the U.S. Circuit Court of Appeals for the District of Columbia and reach the Supreme Court soon afterward.
Mr. Trump’s team had asked the justices to block Judge Jackson’s restraining order, but the high court held the case in abeyance to give Judge Jackson more time to formally rule the injunction.
Mr. Dellinger’s situation has divided Washington.
A group of congressional Democrats, led by Rep. Ayana Pressley of Massachusetts, sent a letter Friday urging the special counsel to remain firm.
“We urge you to continue fulfilling OSC’s mission and ensure federal workers are protected from abuse,” the lawmakers said.
They also urged Mr. Dellinger to expand his efforts beyond the six probationary employees he has highlighted.
The Trump administration has fired thousands of probationary employees.
Late last week, a federal judge issued a temporary restraining order telling the Office of Personnel Management to stop issuing calls to agencies to fire probationary employees.
A count published last week by congressional Democrats said Mr. Trump’s team had fired 38,000 federal workers.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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