Fired Biden holdover Hampton Dellinger can keep his job for now after the US Supreme Court on Friday evening, in a 5-page order, declined to immediately act on President Trump’s emergency application.
President Trump fired Hampton Dellinger, Special Counsel of the Office of Special Counsel (not to be confused with a special counsel hired as a federal prosecutor) a couple of weeks ago.
Shortly after the firing, Judge Amy Berman Jackson sided with Hampton Dellinger, issued an administrative stay, and allowed him to keep his job.
“Trump must allow Dellinger to continue to have “access” to the agency’s resources and cannot “recognize the authority of any other person as Special Counsel” while the order remains in effect, Jackson wrote,” according to Politico.
On Sunday President Trump filed an emergency appeal with the US Supreme Court after corrupt Obama judge Amy Berman Jackson reinstated Hampton Dellinger as head of the Office of Special Counsel.
On Tuesday Chief Justice Roberts ordered fired Biden holdover Hampton Dellinger to respond to the Trump Administration’s application to the Supreme Court.
Hampton Dellinger responded on Wednesday and argued against the Trump’s Administration’s assertion of Article II powers.
“The government contends that this TRO should be treated as appealable for a reason that this Court has not previously recognized: because it allegedly intrudes upon the President’s Article II powers. Of course, whether the President in fact enjoys an Article II prerogative to fire the Special Counsel without cause is the core merits issue in this case,” Hampton Dellinger’s lawyers argued in its opposition to the Trump Admin’s application to vacate the order issued by the DC federal court,” Dellinger’s attorney argued.
Hampton Dellinger gets to keep his job for now after the Supreme Court declined to immediately act because the TRO is expiring in a few days.
The Supreme Court is holding Trump’s emergency request “in abeyance” which means they could make a decision at a later date.
According to the brief order, liberal justices Sonia Sotomayor and Ketanji Brown Jackson would deny Trump’s application.
Conservative Justices Gorsuch and Alito said they would have granted Trump’s emergency request.
NBC News reported:
The Supreme Court on Friday for now prevented President Donald Trump from firing the head of a watchdog agency in the first legal showdown to reach the justices over the administration’s efforts to dramatically remake the federal government.
In an unusual, tentative move, the court neither granted nor denied an emergency request filed by the Trump administration after lower courts had blocked the effort to fire Hampton Dellinger, who heads the Office of Special Counsel.
Instead, in a brief order, the court said it would not immediately act because lower court proceedings are moving quickly. A hearing is scheduled for Feb. 26.
The court, which said it was holding the Trump request “in abeyance,” could act after that.
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