By Andrew Goudsward
WASHINGTON (Reuters) -A U.S. judge on Wednesday briefly extended an order reinstating the head of a federal watchdog agency responsible for protecting whistleblowers who had challenged his firing by President Donald Trump.
U.S. District Judge Amy Berman Jackson in Washington said Hampton Dellinger, the head of the Office of Special Counsel, could remain in his post through at least Saturday.
Jackson said the extension would give her time to draft a permanent ruling in the case, an early test of the scope of Trump’s power that is likely to be decided at the U.S. Supreme Court.
The Trump administration urged the U.S. Supreme Court, which has already delayed a ruling in the case, to get involved again following Jackson’s latest decision.
Acting Solicitor General Sarah Harris said Dellinger’s continued work as special counsel was harming the Trump administration, pointing to Dellinger’s role on Tuesday in halting the firings of six probationary government workers the administration had sought to fire.
Jackson, at a hearing in Washington federal court, signaled support for Dellinger’s argument that Trump does not have the authority to fire him without evidence of neglect or misconduct.
Jackson said the special counsel role, which investigates claims of retaliation against whistleblowers who expose alleged wrongdoing within the government, was designed to have a degree of separation from the president despite being part of the Executive Branch.
“He gets to tell the administration it’s not doing the right thing — it’s not complying with the law,” Jackson said of Dellinger.
Dellinger, who was appointed by Democratic President Joe Biden and approved by the Senate to a five-year term last year, received an email on February 7 informing him that Trump, a Republican, was terminating him, without providing a reason.
Jackson quickly ordered him reinstated on February 10, after Dellinger sued.
Lawyers for the Trump administration have argued that the order keeping Dellinger in place is an encroachment on Trump’s authority over officials serving in his administration.
Madeline McMahon, a lawyer for the Trump administration, said at the hearing that Trump’s powers as president include the ability to “remove his direct subordinates for any reason at all.”
“It’s limitless,” McMahon said.
The Trump administration, which has pushed to expand the powers of the president, appealed Jackson’s temporary order.
The Supreme Court, in its first ruling on a Trump administration action taken during his second term, postponed a decision in Dellinger’s case last week. But it seems likely to wind up back at the high court.
Jackson said she would issue a final ruling within days, almost certainly triggering another round of appeals.
(Reporting by Andrew Goudsward; Editing by Scott Malone and Sandra Maler)
