The head of the U.S. Office of Special Counsel on Feb. 10 sued President Donald Trump and White House officials, alleging that his recent termination was not legal and asking a federal court to restore him to his position.
“On behalf of President Donald J. Trump, I am writing to inform you that your position as Special Counsel of the US Office of Special Counsel is terminated, effective immediately,” Gor wrote.
Under federal law, though, Dellinger can be fired only for “inefficiency, neglect of duty, or malfeasance in office,” which makes the firing illegal, Dellinger said in the suit.
“President Trump’s purported removal of Special Counsel Dellinger is unlawful. It has no basis in fact and thus cannot be squared with the statutory text,” the suit states. “And it is in direct conflict with nearly a century of precedent that defines the standard for removal of independent agency officials and upholds the legality of virtually identical for-cause removal protections for the heads of independent agencies.”
The Office of Special Counsel is an independent federal agency that protects whistleblowers. Congress first established the office in 1978.
The head of the agency is nominated by the president and, if confirmed by the Senate, typically serves a five-year term. Henry Kerner, whom Trump nominated in his first term, served five years, through the bulk of the Biden administration. Biden picked Dellinger to lead the agency afterward.
Dellinger says that Gor’s termination letter does not outline sufficient justification for the termination and that he has a “clear entitlement to remain in office.” He asked the federal court in Washington to declare that the termination was illegal and that Dellinger is the head of the Office of Special Counsel.
The White House did not respond to an inquiry. The Office of Special Counsel declined to comment.
Pursuant to the Vacancies Reform Act, if Dellinger is terminated, Karen Gorman, the principal deputy special counsel, will become acting special counsel.
Dellinger as of Feb. 10 was still listed on the office’s website as special counsel. His biography says he served in the U.S. Department of Justice before becoming special counsel, in addition to serving in private practice. Gorman was still listed as the principal deputy special counsel.
