Obama-Appointed Judge Votes in Trump’s Favor
A federal judge appointed by former President Barack Obama has ruled that President Donald Trump has the authority to dismiss a special counsel while the case remains under review by an appeals court.
Hampton Dellinger, who served as Trump’s special counsel, filed a lawsuit in federal court challenging his removal. The legal dispute over Dellinger’s position is a focal point in Trump’s broader effort to remove government officials he considers unnecessary.
Under former President Joe Biden, Dellinger was appointed as a special counsel to oversee cases related to whistleblowers within the federal government. The role was designed to provide federal employees with a secure channel for reporting fraud and misconduct without fear of retaliation.
Upon Trump’s return to the White House in January, Dellinger was dismissed through a brief email. Since then, legal proceedings regarding his termination have been unfolding in federal court, according to Newsweek.
U.S. District Judge Amy Berman Jackson, appointed by Obama, had previously reinstated Dellinger to his position on a temporary basis while the case was being litigated.
However, on March 5, the three-judge panel from the Washington, D.C. Court of Appeals unanimously overturned Berman Jackson’s ruling. As a result, Trump retained the power to remove Dellinger while the court continues its review of the legal questions involved.
The D.C. appeals court panel included Karen Henderson, appointed by former President George H.W. Bush, Patricia Millett, appointed by Obama, and Justin Walker, whom Trump nominated during his first term.
Before joining the federal bench, Millett had argued 32 cases before the U.S. Supreme Court, making her a seasoned constitutional law expert.
The appeals court decision stated “that the district court’s March 1, 2025, order be stayed pending further order of the court” and that “this order gives effect to the removal of appellee from his position as Special Counsel of the U.S. Office of Special Counsel. Appellants [The Trump administration] have satisfied the stringent requirements for a stay pending appeal.”
In a footnote to her written order, Judge Amy Berman Jackson voiced her criticism of the Trump administration. She also took issue with White House attorneys who argued that reinstating Dellinger would create unnecessary disorder within the special counsel’s office.
“Defendants imply that it would be too disruptive to the business of the agency to have Special Counsel Dellinger resume his work. But any disruption to the work of the agency was occasioned by the White House. It’s as if the bull in the china shop looked back over his shoulder and said, ‘What a mess!'” the judge remarked.
Acting Solicitor General Sarah M. Harris, in a February 16 appeal to the Supreme Court regarding Berman Jackson’s decision, stated, “As this Court observed just last Term, ‘Congress cannot act on, and courts cannot examine, the President’s actions on subjects within his conclusive and preclusive constitutional authority’—including ‘the President’s unrestricted power of removal concerning ‘executive officers of the United States whom [the President] has appointed.'”
The Washington, D.C. appeals court has expedited the case’s proceedings.
The court has set a timeline requiring the Trump administration to submit a reply brief by March 21, followed by a brief from Dellinger’s legal team by April 4, and a final brief from the Trump administration by April 11. However, no date has yet been scheduled for oral arguments.
“The Clerk is directed to calendar this case for oral argument this term on the first appropriate date following the completion of briefing. The parties will be informed later of the date of oral argument,” the court stated in its March 5 order.
While the ruling remains subject to further legal developments, it has been widely praised on social media by Republican lawmakers and conservative commentators.