[Jonathan H. Adler] DC Circuit Allows Removal of Special Counsel Dellinger Pending Appeal

[For now, President Trump has removed Hampton Dellinger as head of the Office of Special Counsel.]

The U.S. Court of Appeals for the District of Columbia Circuit has granted the Trump Administration's emergency motion for a stay pending appeal in Dellinger v. Bessent, the case challenging President Trump's removal of Hampton Dellinger as the Special Counsel of the Office of Special Counsel. As the order notes:

This order gives effect to the removal of appellee from his position as Special Counsel of the U.S. Office of Special Counsel. Appellants have satisfied the stringent requirements for a stay pending appeal.

Earlier this month, a district court held that Dellinger's removal was unlawful, and the statutory provisions limiting removal were constitutional. I discussed that ruling here. This order suggests the D.C. Circuit may be skeptical of the lower court's conclusions (or perhaps just that the D.C. Circuit believes the justices will be).

The D.C. Circuit order was unanimous. The judges participating were Henderson, Millett, and Walker. The panel also ordered the case expedited, with briefing to conclude by April 11 and oral argument to be held "on the first appropriate date following the completion of briefing."

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