On Sunday, March 1st, U.S. District Judge Amy Berman Jackson ruled that President Trump’s firing of Special Counsel Hampton Dellinger, head of the Office of Special Counsel, was illegal. Judge Berman Jackson’s preliminary injunction will allow Dellinger to remain in his post while his case proceeds through appeals.
The Office of Special Counsel (OSC) plays a crucial role in protecting federal employee whistleblowers from retaliation. It investigates their claims of government fraud, waste, and abuse. By law, the President may only remove the Special Counsel “for inefficiency, neglect of duty, or malfeasance in office.” The White House terminated the powerful government watchdog in a brief email on February 7th, which failed to cite any of the three for-cause removal protections. The termination of the Special Counsel threatens to paralyze the only government office designed to receive confidential federal whistleblower reports and protect those brave individuals who speak out against wrongdoing. Dellinger quickly filed a lawsuit against the White House to halt the wrongful termination.
Saturday’s decision marks a major victory for the political independence of the Office of Special Counsel and the rights of all federal employees. Regarding the decision, Special Counsel Hampton Dellinger stated: “I’m grateful to see the court confirm the importance and legality of the job protections Congress afforded my position. My efforts to protect federal employees generally, and whistleblowers in particular, from unlawful treatment will continue.”
Stephen M. Kohn, Chairman of the Board of Directors of National Whistleblower Center, remarked: “Catastrophe avoided. If the Office of Special Counsel is reduced to a tool for the sitting President, the entire fabric of federal whistleblower protections will be destroyed. […] Judge Jackson’s ruling is consistent with the statute and legal precedents. For the Special Counsel, and the merit system it is tasked with upholding, to function as Congress intended, the office must be independent and protected from political aims.”
The National Whistleblower Center (NWC), a leading advocate for whistleblower rights, has launched a campaign to rally public support for the Special Counsel, a career-long advocate of whistleblowers, and protest his illegal termination. The NWC continues to urge supporters to take action today and contact their Representatives and Senators.
