The head of the Office of Special Counsel, a federal agency dedicated to protecting whistleblowers, sued President Donald Trump on Monday, saying he was illegally fired as part of the president’s massive overhaul of the government.
Hampton Dellinger was informed of his firing in an email Friday evening from the White House personnel director, who said he was writing on behalf of the president. Dellinger's termination comes as Trump's Republican administration is testing the limits of well-established civil service protections by moving to dismantle federal agencies and push out staffers
Dellinger notes in his lawsuit, filed in Washington federal court, that special counsels can be removed by the president “only for inefficiency, neglect of duty, or malfeasance in office.” Dellinger was confirmed last year by the Senate for a five-year term to lead the watchdog agency.
"The effort to remove me has no factual nor legal basis — none — which means it is illegal,” Dellinger said in an email.
The Office of Special Counsel is responsible for enforcing laws related to federal employees, including the Hatch Act, which restricts the partisan political activities of government workers. Dellinger's firing comes as Trump administration employees have touted their support on social media for his policies even though the Hatch Act is meant to restrict political advocacy while on duty.
The independent agency is separate from Justice Department special counsels, who are appointed by the attorney general for specific investigations, like Jack Smith.
Before becoming special counsel, Dellinger served as an assistant attorney general in the Biden administration Justice Department overseeing its Office of Legal Policy. He was also a deputy attorney general in the North Carolina Department of Justice and was chief legal counsel in the governor’s office there.
Dellinger is the son of Walter Dellinger, an esteemed attorney who died in 2022. The elder Dellinger led the Justice Department’s Office of Legal Counsel in the Clinton administration and served as acting U.S. solicitor general.
