By Andrew Goudsward
WASHINGTON (Reuters) – A federal judge has allowed the head of a U.S. watchdog agency targeted for dismissal by Donald Trump to remain in his job for at least two more weeks as she considers whether the Republican president has the power to fire him.
The order from U.S. District Judge Amy Berman Jackson, issued late on Wednesday, will keep Hampton Dellinger as head of the Office of Special Counsel through at least February 26. Jackson had earlier reinstated Dellinger on a temporary basis after Trump dismissed him.
Lawyers for the Trump administration appealed the decision.
The judge’s action temporarily blocks Trump from installing Veterans Affairs Secretary Doug Collins to lead the office, which takes in complaints of government wrongdoing and investigates retaliation against whistleblowers.
The case is one of a growing number challenging Trump’s ability to remove officials at independent agencies, as he seeks to overhaul the federal bureaucracy and exert greater control over public employees.
Dellinger, who was nominated by Democratic President Joe Biden and confirmed to a five-year term by the Senate, sued on Monday, arguing that his attempted firing violated a U.S. law that allows him to be removed only for neglect or misconduct.
In a statement, Dellinger said he was grateful the court has allowed him to continue his work.
The Trump administration has argued that courts have no authority to block the president from removing the heads of executive agencies.
A federal appeals court has already rejected one request to allow Trump to move forward with Dellinger’s firing.
Trump’s power over independent agencies faces another test on Thursday, when a different federal judge considers a request to block the firing of a Democratic member of an agency focused on employment disputes within the federal government.
(Reporting by Andrew Goudsward; Editing by Will Dunham and Andy Sullivan)
