Written by Ashton Snyder on
 February 18, 2025

Trump asks Supreme Court to reinstate firing of special counsel

A critical battle over presidential powers unfolds as former President Donald Trump faces opposition after firing a federal watchdog official.

According to Newsweek, Trump has appealed to the Supreme Court, asserting his "unrestricted power" to dismiss federal officials following a lower court's decision to block his termination of special counsel Hampton Dellinger.

The legal dispute stems from Trump's February 7 dismissal of Dellinger, who was appointed by former President Joe Biden to oversee an office responsible for protecting federal whistleblowers. Federal Judge Amy Berman Jackson intervened on February 12, temporarily reinstating Dellinger until a scheduled hearing on February 26.

Supreme Court ruling grants expanded presidential immunity

The case builds upon a significant Supreme Court decision from July 1, 2024, where justices ruled 6-3 in favor of granting presidents absolute immunity for core presidential actions and presumptive immunity for noncore presidential acts. This marks the first major test of these expanded presidential powers since Trump's return to office in January 2025.

Acting Solicitor General Sarah M. Harris, representing Trump's position, emphasized the Supreme Court's previous ruling in her February 16 appeal. She argues that Congress and courts cannot interfere with presidential actions within constitutionally granted authority, particularly regarding appointment and removal powers.

The White House's dismissal of Dellinger occurred through a brief email, prompting immediate legal challenges and raising concerns about executive branch oversight.

Federal judge criticizes White House handling of dismissal

Judge Amy Berman Jackson expressed strong disapproval of the administration's actions in her February 12 ruling. She addressed claims about potential disruption to agency operations, placing responsibility squarely on the White House.

According to Judge Jackson's ruling:

Defendants imply that it would be too disruptive to the business of the agency to have Special Counsel Dellinger resume his work. But any disruption to the work of the agency was occasioned by the White House.

The judge's sharp criticism extended to a metaphorical observation of the situation:

It's as if the bull in the china shop looked back over his shoulder and said, 'What a mess!'

Legal battle intensifies as Supreme Court considers appeal

The Trump administration's legal team has requested an immediate administrative stay of the district court's order while the Supreme Court reviews the case. This urgency reflects the significant implications for executive branch operations and separation of powers.

Harris's appeal emphasizes that preventing the presidential exercise of removal powers inflicts severe damage to Executive Branch authority and the constitutional separation of powers. The argument centers on the president's constitutional right to manage executive officers.

The timing and potential impact of this case have drawn widespread attention from legal experts and government officials, as it could establish a precedent for future presidential authority over federal appointments.

Landmark legal dispute determines presidential authority boundaries

The dispute between President Trump and special counsel Hampton Dellinger represents a crucial test of presidential powers following the Supreme Court's July 2024 immunity ruling. Trump's February 7 dismissal of Dellinger, who led an office protecting federal whistleblowers, was temporarily blocked by Judge Amy Berman Jackson's February 12 ruling. The Supreme Court must now decide whether to hear Trump's appeal, with potential implications for executive branch authority and the separation of powers doctrine.

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About Ashton Snyder

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