A federal appeals court ruled 2-1 against former President Donald Trump’s effort to remove Hampton Dellinger, the head of the Office of Special Counsel, who investigates whistleblower retaliation and Hatch Act violations.
The D.C. Circuit Court of Appeals upheld a lower court’s restraining order that temporarily reinstated Dellinger, an appointee of President Joe Biden, through Feb. 26. Judges Florence Pan and J. Michelle Childs, both Biden appointees, stated that short-term orders typically don’t warrant appellate review. They emphasized that ruling on the case before the lower court’s hearing would interfere with due process.
Dissenting, Trump appointee Greg Katsas argued that the decision improperly restricted presidential authority, stating that Jackson’s order forcing Trump to recognize a removed official warranted immediate review.
The ruling follows last week’s decision by the same panel rejecting the Justice Department’s effort to block Dellinger’s reinstatement. The Trump administration is expected to seek Supreme Court intervention.
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