Washington, D.C. – A federal appeals court ruling on Wednesday allowed the Trump administration to remove Hampton Dellinger, the head of the Office of Special Counsel, from his position while a lawsuit challenging his termination is ongoing.

The decision to permit Dellinger’s removal comes after a federal district court judge deemed President Donald Trump’s attempt to dismiss him as “unlawful.” Although the appeals court panel allowed for Dellinger’s removal, the question remains open as to whether he will be able to return to his position pending the outcome of the administration’s appeal.

The case has been expedited, with a briefing schedule set to conclude on April 11. The panel, composed of three judges, indicated that an opinion explaining the order would be issued in due course.

Dellinger, who was appointed as special counsel in March 2024 by then-President Joe Biden, was fired by Trump via email as part of an effort to reduce the federal workforce. His office is responsible for safeguarding federal employees who report illegal or unethical behavior.

The lawsuit filed by Dellinger argues that his dismissal was illegal under federal law, which specifies that special counsels can only be removed by the president for specific reasons such as inefficiency, neglect of duty, or malfeasance of office. District Court Judge Amy Berman Jackson previously issued an order preventing Dellinger’s removal.

The Department of Justice has sought to overturn the ruling, with the case now progressing through the Court of Appeals. The Supreme Court declined to intervene at this time, allowing the legal process to unfold in lower federal courts.

In the midst of this legal battle, Dellinger has remained steadfast in opposing the administration’s attempts to dismiss probationary employees at various federal agencies. The outcome of this case has significant implications for the powers of the president in removing federal officials.