Hampton Dellinger v. Scott Bessent (OSC discharge, D.C. Cir. 25-5025)
Legal Issues
Overview
Overview
The government appealed the temporary restraining order preventing the termination of Special Counsel Hampton Dellinger.
Overview
The government appealed Judge Amy Berman Jackson's order finding that the termination of Hampton Dellinger was an unlawful, ultra vires act. The D.C. Circuit stayed the district court's order, allowing for the termination of Dellinger. On Mar. 6, Dellinger dropped his case and ended his legal battle to get his job back.
Overview
The Trump administration appealed the administrative stay of the firing of Dellinger. On Mar. 6, Dellinger dropped his case and ended his legal battle to get his job back.
The Issue
Issue
Can a Special Counsel challenge removal from office and obtain judicial relief against the executive branch's termination decision?
The Rules
Rule
Special Counsels serve at the pleasure of the executive and face limited statutory protections against removal; however, an administrative stay can temporarily enjoin enforcement of removal pending appellate review of constitutional or statutory claims.
The Application
Analysis
Dellinger obtained an administrative stay blocking his immediate termination, prompting a Trump administration appeal to the DC Circuit that would determine whether the stay was legally justified and whether his removal could proceed.
The Conclusion
Conclusion
D.C. Circuit stayed the district court's order invalidating Dellinger's termination, allowing the government to maintain his dismissal pending appeal. Dellinger subsequently withdrew his legal challenge on March 6.
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