Dellinger said in a statement on Saturday. “My efforts to protect federal employees generally, and whistle blowers in particular, from unlawful treatment will continue.”
The judge said the special counsel has a “unique status and mission,” which requires independence from the president to ensure he can carry out his responsibilities. The office investigates whistleblower claims of reprisal, can pursue disciplinary action against employees who punish whistleblowers and provides a channel for employees to disclose government wrongdoing.
“If I don’t have independence, if I can be removed for no good reason, federal employees are going to have no good reason to come to me,” Dellinger told reporters outside Washington’s federal courthouse after a recent hearing.
The Office of Special Counsel is also responsible for enforcing the Hatch Act, which restricts the partisan political activities of government workers. Dellinger’s firing came as Trump administration employees have touted their support on social media for his policies even though the Hatch Act is meant to restrict political advocacy while on duty.
The Justice Department employed sweeping language in urging the Supreme Court last month to allow the termination of the head of an obscure federal agency with limited power. Acting Solicitor General Sarah Harris wrote in court papers that the lower court had crossed “a constitutional red line” by blocking Dellinger’s firing and stopping Trump “from shaping the agenda of an executive-branch agency in the new administration’s critical first days.”
Dellinger was appointed by Democratic President Joe Biden and confirmed by the Senate to a five-year term in 2024.