The judge blocked Donald Trump’s attempt to protect whistleblowers and fire the body’s head to investigate corruption.
Late Wednesday, Judge Amy Berman Jackson overturned the White House order to loot Hampton Dillinger as director of the Special Adviser Office (OSC) and awaited a court hearing on February 26th, and posted his post. He resurrected him.
This is the latest legal obstacle to the president’s fierce disability, and will file a lawsuit in a lawsuit to decapitate almost every federal agency. On Wednesday, eight inspectors who were immediately dismissed in mass shootings without the legislative 30-day notice were given, found their looting was illegal and they would restore their position. He filed a lawsuit suing that he was ordered to do so.
However, Dellinger’s case appears to be set to test the legal limits of Trump’s ability to dismiss civil servants. Dellinger was notified of his firing last week in a one-sentence email that did not specify a cause.
The 1978 Parliamentary Act created Dillinger’s position, which states that “special advisors may be excluded by the President only because of inefficiency, neglect of obligation, or misconduct in their duties.” I’m doing it.
In her sentence, Jackson wrote: “The language expresses the clear intention of Congress to ensure the independence of the special advisor and ensure that the winds of political change will insulate his work.”
The Special Advisors Bureau has announced the role of Jack Smith, a special advisor appointed in 2022 to lead Trump’s criminal investigations in an attempt to overturn the maintenance of the 2020 election and classification documents. is different.
Its mission includes implementing the Hatch Act, which protects the merit system among civil servants and controls partisan political activities of government workers. Trump and his supporters have made it clear that they prefer to replace perhaps impartial civil servants with partisan loyalty.
He is also accused of whistleblowers of disclosing corruption and providing channels to provide fraud without suffering from retaliation.
Trump’s attempts to remove oversight are inconsistent with his claim that he is a crusade against corruption, which appears to be government corruption. He and his wealthiest advocate, a massive entrepreneur Elon Musk, have scrutinized federal agencies for massive spending cuts, finding billions of dollars of corrupt government spending. They claim they will not provide evidence.
Dellinger was confirmed in his post last March in a five-year Senate term after being appointed Joe Biden.
He argued that his looting was illegal. “Since we arrived at OSC last year, we have not been proud of everything we have achieved,” Dellinger said.
“The agency’s work has earned praise from supporters such as whistleblowers, veterans and others. There is no fact or legal basis for the efforts to exclude me – none – that is, it is illegal. It means.”
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The Trump administration had not contested that it fired Dillinger for no reason, but it argued that the laws of Congress calling for a cause were unconstitutional.
The power of Congress to prevent the head of an independent body from being fired by the President was established by the Supreme Court ruling in 1935.
According to constitutional experts, such a move leaves the aging precedent.
“The Supreme Court has repeatedly helped create independent institutions that certainly exist in the administrative sector, but are isolated from direct presidential management,” said Bruce Ackerman, a law professor at Yale University. Masu. “In particular, the President cannot fire the people or members of these committees.”
The chunks of other agency heads were immediately fired, many of which posed legal challenges.
A few days after Dellinger’s looting, the White House announced it had removed David Huitema, the Director of Government Ethics, who was also confirmed last year’s five-year term.
Another Biden appointee, Gwyn Wilcox, sued last week after being fired from the National Labor Relations Commission last month.
