Federal Appeals Court Makes Decision in Case Involving Limits of Executive Authority

The U.S. Court of Appeals has ruled in favor of President Donald Trump, allowing him to temporarily remove Hampton Dellinger from his role as head of the Office of Special Counsel. The decision reverses a lower court’s order that blocked Dellinger’s firing, setting up a potential Supreme Court battle over executive power.

Key Facts:

A federal appeals court ruled that President Trump can fire Hampton Dellinger, at least temporarily, from the Office of Special Counsel.
The ruling overrides U.S. District Judge Amy Berman Jackson’s decision that Dellinger’s firing was unlawful.
Trump has sought to remove officials whose independence was established by Congress, arguing for broader presidential authority.
The three-judge appeals panel included two Republican appointees and one Democrat; no dissent was noted.
The Supreme Court previously declined to immediately lift a temporary restraining order on Dellinger’s firing but has not rejected Trump’s appeal outright.

The Rest of The Story:

Hampton Dellinger, appointed by President Joe Biden, was dismissed by Trump on February 7 without explanation.

However, a federal judge ruled his firing was illegal, citing a law that restricts presidential removal of the Office of Special Counsel head to cases of “inefficiency, neglect of duty, or malfeasance in office.”

This decision temporarily kept Dellinger in place, preventing the recognition of any replacement.

The Trump administration swiftly appealed, arguing that the president should have full control over executive branch personnel.

The appeals court agreed, allowing Dellinger’s removal while litigation continues.

DC appellate court puts hold on Judge Amy Berman Jackson order reinstating Hampton Dellinger as special counsel.

He’s out for now as appeal advances on expedited basis at DC circuit. pic.twitter.com/KvBF1ttsnI

— Julie Kelly 🇺🇸 (@julie_kelly2) March 5, 2025

If appealed further, the case could end up before the U.S. Supreme Court, which has already signaled interest in the matter.

Commentary:

This ruling is a win for constitutional governance and presidential authority.

The Office of Special Counsel, like other independent agencies, operates within the executive branch.

That means the president should have the authority to remove its head—without needing justification beyond his own judgment.

The lower court’s attempt to shield Dellinger from removal undermined the basic structure of the executive branch.

If agency heads cannot be dismissed at the president’s discretion, they effectively become unaccountable to the elected leader of the country.

That’s not how the system was designed to work.

Congress has long tried to carve out pockets of “independent” power within the executive branch, but these moves often create bureaucratic obstacles rather than true accountability.

The president is either in charge of the executive branch, or he isn’t.

The appeals court recognized this fundamental reality, even if the legal fight isn’t over yet.

Dellinger’s ties to a law firm associated with Hunter Biden also add a layer of political concern.

While no formal charges or ethics violations were proven, Republicans were right to question his impartiality.

If an official is suspected of political bias, the president should have the ability to make a change.

The broader battle over executive power is just beginning.

The Supreme Court may ultimately weigh in, and if it does, it should reaffirm that the president—not unelected bureaucrats—has the final say over who serves in his administration.

The Bottom Line:

The appeals court’s decision strengthens presidential authority, allowing Trump to remove an official he no longer trusts.

However, the legal fight isn’t over, and the Supreme Court may have the final word.

At stake is a fundamental question: who truly runs the executive branch—the president or the bureaucracy?