Appeals court allows removal of watchdog agency after Trump firing

An appeals court in Washington removed the head of a federal watchdog agency in the latest twist in a legal fight over president Donald Trump’s authority to fire the special counsel.

The US Court of Appeals for the District of Columbia sided with the Trump administration on Wednesday in allowing the immediate removal of Hampton Dellinger as head of the Office of Special Counsel while the court battle continues. Mr Dellinger is likely to appeal to the US Supreme Court.

He sued Mr Trump last month after he was fired, even though the law says special counsels can be removed by the president “only for inefficiency, neglect of duty, or malfeasance in office”.

US District Judge Amy Berman Jackson, who was nominated to the bench by president Barack Obama, quickly reinstated Mr Dellinger in the job while he pursued his case.

His lawyers say allowing the president to fire the special counsel without cause would have a chilling effect on the important duties of the office to protect whistleblowers. Mr Dellinger is also challenging the removal of probationary workers who were fired as part of the Trump administration’s shake-up of the federal government.

The Trump administration has argued that the law protecting the special counsel from removal is unconstitutional and unfairly prevents the president from rightfully installing his preferred agency head.

On Saturday the judge ruled that Mr Dellinger’s firing was unlawful and ordered that he remain in his post. But the appeals court lifted her order blocking his removal while the court considers legal arguments in the case.

The Office of Special Counsel is responsible for guarding the federal workforce from illegal personnel actions, such as retaliation for whistleblowing. It investigates whistleblower claims of reprisal, can pursue disciplinary action against employees who punish whistleblowers and provides a channel for employees to disclose government wrongdoing.

After a request from Mr Dellinger’s office, a government panel that enforces workers’ rights ruled on Wednesday that more than 5,000 employees fired by the Trump administration should be put back on the job at the US Department of Agriculture.

While the order applies only to the USDA workers, Mr Dellinger released a statement “calling on all federal agencies to voluntarily and immediately rescind any unlawful terminations of probationary employees”.