President Donald Trump is facing another legal challenge over his decision to remove government officials, including a key ethics enforcer appointed by President Joe Biden. The latest lawsuit comes after Hampton Dellinger, who was leading the Office of Special Counsel (OSC), was fired via email on Friday. Dellinger, appointed in February 2024 for a five-year term, argues that his dismissal was unlawful and violated protections for independent agency officials.
According to the complaint, the president can remove the Special Counsel only for inefficiency, neglect of duty, or malfeasance in office. Dellinger asserts that his termination disregards longstanding legal precedent that upholds similar protections for independent agencies. The lawsuit contends that the removal threatens the integrity of the civil service by undermining an agency designed to protect whistleblowers.
This lawsuit follows another legal challenge from Gwynne A. Wilcox, a National Labor Relations Board (NLRB) member who was also dismissed. Wilcox, a Biden appointee, argues that her removal defied federal law, which states board members can only be removed for neglect of duty or misconduct and only after notice and a hearing. The complaint states that the president’s actions violate decades of Supreme Court precedent safeguarding the independence of federal agencies.
Dellinger’s lawsuit warns that his removal could weaken protections for federal employees, particularly whistleblowers. The OSC, tasked with investigating and addressing retaliation against government employees, plays a critical role in maintaining the integrity of the civil service. The complaint asserts that the administration’s move has jeopardized the agency’s ability to fulfill its mandate.
Wilcox’s lawsuit raises similar concerns about political interference in independent agencies. Her attorneys argue that her removal undermines the NLRB’s function, which is meant to remain free from partisan influence. Wilcox described her termination as an unlawful act that contradicts the purpose of the board’s founding nearly 90 years ago.
The administration has defended the firings as necessary, asserting that the removed officials were implementing policies at odds with its agenda. The White House maintains that these dismissals align with its broader efforts to reshape the federal government’s leadership. However, the lawsuits claim that these removals violate legal protections designed to ensure continuity and independence in critical government functions.
The outcomes of these legal challenges could set significant precedents regarding the limits of presidential authority over independent agencies. Both lawsuits emphasize the importance of maintaining protections that prevent political influence from undermining the effectiveness of these institutions.
