United States: The U.S. District Judge Amy Berman Jackson ruled on Saturday that President Donald Trump lacked legal authority to fire the head of a federal watchdog agency thus initiating decisions about presidential power that will likely reach the top Supreme Court, as reported by Reuters.
Judge Blocks Trump’s Attempt to Fire Special Counsel
District Judge Amy Berman Jackson of Washington DC granted Hampton Dellinger protective standing during previous proceedings because she awaited a final decision regarding his authority to protect whistleblowers.
Judge Jackson determined in her Saturday order that if her court allowed Trump to remove Dellinger from his position it would grant him “a constitutional license to bully officials in the executive branch into doing his will.”
Late on Saturday, the Justice Department submitted a notice indicating its intent to seek review from the U.S. Court of Appeals for the District of Columbia regarding Berman’s ruling.
Dellinger Stands Firm on Whistleblower Protections
Dellinger, who was confirmed by the Senate to serve a five-year term last year after being chosen by Democratic President Joe Biden, told Reuters via email that he is “grateful to see the court confirm the importance and legality of the job protections Congress afforded my position.”
He added his “efforts to protect federal employees generally, and whistleblowers in particular, from unlawful treatment will continue.”
According to Trump administration attorneys the order allowing Dellinger to remain in his position violates presidential control over officials tasked to assist his administration.
Judge Jackson, with a nomination from President Barack Obama, rejected the notion that federal law containing the Special Counsel position goes against the Constitution while emphasizing that Special Counsels review improper activities intended for federal employees and assist whistleblowers to report without facing retaliation.
“It would be ironic, to say the least, and inimical to the ends furthered by the statute if the Special Counsel himself could be chilled in his work by fear of arbitrary or partisan removal,” Jackson wrote.
The Trump administration asked for U.S. Supreme Court intervention during its first review of the case this week before the court issued any ruling.
Potential Supreme Court Review
The extent of Trump’s ability to restrict federal agencies’ independence, including the Federal Trade Commission, Securities and Exchange Commission, and Federal Communications Commission, will be established partly through a decision in Dellinger’s case, as reported by Reuters.
Judge Jackson Clarifies Scope of Ruling
According to Jackson, her decision was “extremely narrow” and did not curtail Trump’s authority. “This is the only single-headed agency left for the courts to consider, and it is unlike any of them,” she stated.
Sarah Harris, the acting Solicitor General, claimed that Scott Dellinger’s continued work as special counsel was damaging Trump administration operations because of his involvement in stopping the employee terminations.