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National Whistleblower Center Calls for Continued Action to Protect Whistleblower Offices Following Hampton Dellinger’s Legal Setback

The removal of the independent Special Counsel threatens the Office of Special Counsel’s ability to protect federal whistleblowers and hold the government accountable, prompting advocacy groups to continue fighting for agency independence from political control.

by Jeana Lee
The E. Barrett Prettyman United States Court House in Washington, D.C., home to the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Foreign Intelligence Surveillance Court (FISA/FISC).

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WASHINGTON D.C. | March 6, 2025 – The National Whistleblower Center (NWC) expressed deep concern over the implications of former Special Counsel Hampton Dellinger’s decision to drop his lawsuit following an adverse ruling from the U.S. Court of Appeals. The ruling removes Dellinger from his position at the U.S. Office of Special Counsel (OSC), raising serious concerns about the future independence of the agency responsible for protecting federal employees.

Dellinger, who had initially won a lower court ruling affirming his right to remain in office, ended his legal battle after the appeals court reversed that decision and ordered his removal while the case continued.

Last week, six whistleblower advocacy organizations, including NWC, submitted an amicus brief supporting his case, warning that his removal could have devastating consequences for whistleblowers and public accountability.

Dellinger’s departure threatens to weaken the agency’s ability to hold the government accountable, as it will now be led by an official entirely beholden to the President rather than an independent appointee with legal protections.

In his statement, he acknowledged that his chances of prevailing before the Supreme Court were low and expressed concern that OSC would remain under political control for months if he pursued further legal action. Dellinger warned that his forced removal “immediately erases the independence Congress provided for my position, a vital protection that has been accepted as lawful for nearly fifty years.”

“This is a setback for all federal employees, taxpayers, and the public interest. Our research of the law demonstrated that the termination of the Special Counsel was illegal,” said Stephen M. Kohn, Chairman of the National Whistleblower Center.

“We respect Mr. Dellinger’s personal decision, but the National Whistleblower Center will continue its efforts to ensure that whistleblower offices and programs are protected from political interference,” Kohn added.

The NWC urges Congress, the courts, and the public to continue fighting for the independence of whistleblower protection programs. Political manipulation of agencies like OSC threatens the foundation of government accountability and risks silencing those who expose wrongdoing.

NWC Board Chairman Stephen Kohn is available for comment. For more information, contact NWC at info@whistleblowers.org.

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NWC is the leading nonprofit working with whistleblowers worldwide to fight corruption and protect people and the environment. For over 30 years, NWC has won policies to protect whistleblowers from retaliation and reward them for helping deliver criminal and civil penalties against wrongdoers.

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