Special Counsel Hampton Dellinger, the head of an independent federal agency that protects whistleblowers, filed a lawsuit in federal court Monday alleging that U.S. President Donald Trump's "purported" dismissal of him via email on Friday is unlawful and ignores for cause removal protections that Dellinger is entitled to.
Dellinger is one of a number of officials at independent federal agencies that Trump has moved to fire in recent weeks.
According to the complaint, Dellinger received an email from Sergio Gor, director of the White House Presidential Personnel Office, on February 7, which read: "On behalf of President Donald J. Trump, I am writing to inform you that your position as special counsel of the U.S. Office of Special Counsel is terminated, effective immediately. Thank you for your service[.]"
The complaint lists six defendants, including Gor, Trump, acting Special Counsel of the Office of Special Counsel (OSC) Karen Gorman ("upon the purported removal" of Dellinger, according to the complaint), Treasury Secretary Scott Bessent, Chief Operating Officer of the OSC Karl Kanmann, and Director of the Office of Management and Budget Russell Vought.
Dellinger is requesting that the court declare his firing unlawful and affirm that he is the head of the OSC.
The filing also asks the court to order that "Bessent, Gor, Kammann, and Vought may not place an acting special counsel in plaintiff Hampton Dellinger's position, or otherwise recognize any other person as special counsel or as the agency head of the Office of Special Counsel."
The watchdog group Project on Government Oversight called the move against Dellinger "illegal" and wrote on X on Monday that it "undermines the office that investigates whistleblower disclosures of wrongdoing and enforces the law meant to keep partisan politics out of the federal workforce."
The OSC is both an investigative and prosecutorial agency whose main mission is to protect federal employees from "prohibited personnel practices"—in particular reprisals for whistleblowing. The office is different from the "special counsels" that the U.S. Department of Justice may appoint to prosecute cases in instances where they deem there may be a conflict of interest.
Dellinger was nominated to be the special counsel of the OSC by then-President Joe Biden in 2023 and was confirmed by the Senate to a five-year term that was set to expire in 2029.
The complaint cites federal statute, which mandates that "the special counsel may be removed by the president only for inefficiency, neglect of duty, or malfeasance in office." Dellinger's legal counsel argues that the email from Gor does not accuse Dellinger of "any inefficiency, neglect of duty, or malfeasance... nor could it."
In late January, Trump fired National Labor Relations Board Member Gwynne Wilcox, who has since sued over her dismissal, as well as two Democratic members of the Equal Employment Opportunity Commission. Federal Election Commission Commissioner and Chair Ellen Weintraub also said that Trump tried to remove her improperly.
The Trump administration also purged over a dozen inspectors generals who perform oversight duties at various federal agencies.
The filing also argues that the removal of these sorts of civil servants makes the work of the OSC all the more important.
"Congress authorized the OSC with a crucial investigative and oversight role to protect the integrity of the civil service in circumstances such as these," wrote Dellinger's lawyers.
"The recent spate of terminations of protected civil service employees under the new presidential administration has created controversies, both about the lawfulness of these actions and about potential retaliation against whistleblowers," they added.