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Special Counsel Granted Temporary Restraining Order, Resumes Position at OSC

A federal judge blocked the White House’s termination of Special Counsel Hampton Dellinger, ruling the firing violated his statutory protections requiring cause for removal and emphasizing the importance of the position’s independence.

by Staff Writer

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WASHINGTON, D.C. | February 13, 2025 — On Wednesday, February 12th, United States District Judge Amy Berman Jackson issued a preliminary ruling in favor of Special Counsel Hampton Dellinger, granting him a Temporary Restraining Order (TRO) on his termination issued by the White House on Friday, February 7th. National Whistleblower Center celebrates this victory alongside Dellinger – a lifelong, staunch supporter of whistleblowers.

Unlike Inspector Generals, Special Counsels are protected under for-cause termination requirements and may only be removed if they have displayed inefficiency, neglect of duty, or malfeasance in office. In their termination notice, the White House failed to cite any of the for-cause removal criteria, justifying the order by arguing that the public interest would be “better served by a Special Counsel who holds the President’s confidence.”

In the TRO, Judge Jackson rebutted the defendant’s argument by raising concerns about separation of power, stating that “independence is essential to any Special Counsel’s ability to perform the unique set of duties and reporting requirements” required by their post. Jackson concluded that the White House failed to identify “impending injury or alleged constitutional error that cannot be fixed in the future that would outweigh the harm that will follow from the precise circumstance Congress deliberately chose to prohibit.”

Dellinger resumed his post immediately following the TRO. Responding to the TRO, Dellinger said: “I am grateful that today’s two court rulings from trial and appellate judges allow me to continue my work as Special Counsel.”

National Whistleblower Center continues to urge its supporters to take action on this wrongful termination by contacting their Representatives and Senators today. We anticipate further rulings and appeals as the White House continues to pursue Dellinger’s termination. As displayed by this preliminary ruling, your voice has impact. Join our campaign and take action today.

NWC Board Chairman Stephen M. 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. It is a trusted advocate for whistleblowers and a key player in the fight for government accountability and transparency.

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