Trump Loses Big In Court As Judge Overturns Office Of Special Counsel Firing

Judge Amy Berman Jackson granted US Office Of Special Counsel head Hampton Dellinger’s request for a temporary restraining order restoring him back to his job after Trump illegally fired him.

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When Donald Trump purged the Office of Special Counsel and the OSCs of various cabinet-level agencies, legal experts believed that the firings were illegal.

The final page and the judge’s ruling are worth reading in full.

There have been several lawsuits filed related to the filings, and the first loss for Trump came when Judge Amy Berman Jackson ruled:

The Office of Special Counsel is a unique federal agency with a unique, but narrow focus. Congress created the position of Special Counsel to play a singular and important role that has strong bipartisan support: to protect whistleblowers within the executive branch from reprisals and prohibited personnel practices, even as administrations change hands. See Whistleblower Protection Act of 1989, Pub. L. No. 101–12, 103 Stat. 16 (Apr. 10, 1989) (“[T]he primary role of The Office of Special Counsel is to protect employees, especially whistleblowers, from prohibited personnel practices[.]”).

Notwithstanding defendants’ assertion, unsupported by any authority, that “the public interest is better served by a Special Counsel who holds the President’s confidence,” Defs.’ Opp. at 15, Congress contemplated and established a structure that reflects a different priority. Independence is essential to any Special Counsel’s ability to perform the unique set of duties and reporting requirements set forth in the statute.

Defendants impending injury or alleged constitutional error that cannot be fixed in the future that would outweigh the harm that will flow from the precise circumstance Congress deliberately chose to prohibit. Therefore, the Court finds that the last two factors weigh heavily in favor of the temporary restraining order.

For the reasons set forth above, plaintiff’s motion for a temporary restraining order
[Dkt. # 2] is GRANTED.

It is hereby ORDERED that from the date of entry of this order until the Court rules on the entry of a preliminary injunction, plaintiff Hampton Dellinger shall continue to serve as the Special Counsel of the Office of Special Counsel, the position he occupied at 7:22 p.m. on Friday, February 7, 2025 when he received the email from the Assistant to the President. Defendants may not deny him access to the resources or materials of that office or recognize the authority of any other person as Special Counsel.

This is a big loss for Donald Trump but one that the administration appears to have been expecting.