On February 26, 2025, Judge Amy Jackson of the U.S. District Court for the District of Columbia heard arguments in a preliminary injunction hearing between attorneys for Hampton Dellinger, Special Counsel of the U.S. Office of Special Counsel (OSC), and the Department of Justice (DOJ). The hearing came after President Trump fired Dellinger without cause on February 7, 2025, leading Dellinger to sue. He alleges that his removal violated the for-cause removal protection laws for Special Counsel. Judge Jackson previously issued a temporary restraining order (TRO) which was set to expire the day of the hearing. Following the hearing, the TRO was extended for three days to give Judge Jackson time to decide on the preliminary injunction.
During the hearing, it was readily acknowledged that there was already clear interest in appealing to the Circuit Court and likely the Supreme Court. The Government has already asked the Supreme Court to vacate the original TRO that was entered on February 12. The Supreme Court determined to hold this request in abeyance until the hearing on February 26. The hearing was also held on a rapid time frame, with Dellinger’s counsel quipping that he had hours to prepare for the argument rather than the normal days or weeks.
Joshua Matz, representing Dellinger, began by describing Dellinger’s position as head of the OSC, which oversees complaints from federal whistleblowers. He argued that, as an inferior officer, Selia Law, a 2020 Supreme Court case,...
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