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As the head of the Office of Special Counsel, Hampton Dellinger had a triple target on his back from the start of Donald Trump’s presidency: He was a Joe Biden appointee, he was the head of one of the independent regulatory agencies that the Trump administration is targeting, and his duty was to fight to protect the jobs of tens of thousands of civil servants the president has tried to fire.
So when Dellinger received an email on Friday, February 7, telling him that he’d been dismissed, he wasn’t surprised. He also wasn’t going to quietly concede. Under a law that’s stood for decades, the special counsel serves a five-year term and “may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.” The following Monday morning, Dellinger filed a suit challenging his firing, and by that night, a federal judge had temporarily reinstated him.
During the following month, Dellinger led a bifurcated life that he joked was “like a Severance episode, except I was always at work”: one workplace “where I was advocating for others, and that was the place I wanted to be completely focused,” he told me on Friday. “But then the other side of it was trying to keep my job.”
OSC is a classic post-Watergate creation, designed to insulate the functioning of the federal government from political and other improper interference. It’s charged with protecting whistleblowers inside the executive branch and with identifying violations of the Hatch Act, which prohibits politicking by government officials. If OSC believes that federal employees have been improperly fired, it can file a case with the Merit Systems Protection Board.
This makes an otherwise obscure office very important right now, because the Trump administration, with Elon Musk’s U.S. DOGE Service leading the charge, has laid off huge swaths of the federal workforce in apparent defiance of laws designed to protect them, with more cuts promised. Last Wednesday, Dellinger won a major victory: The MSPB ruled that the U.S. Department of Agriculture must temporarily rehire nearly 6,000 probationary employees while an investigation proceeds into whether they were wrongfully fired. He told me that he was ready to try to get tens of thousands more probationary employees reinstated.
Instead, Dellinger found himself out of a job a few hours later. On Wednesday night, a panel of judges on the D.C. Circuit Court of Appeals ruled for the administration and against Dellinger, declaring that he would be removed while he pursued his appeal. The next day, Dellinger announced that he was ending his fight.
“I knew it would take at least a year to get a final decision” in court, he told me. “It may well have gone against me, and by that point, seeing the damage that’s taking place on a daily basis at federal agencies, I knew there would be almost nothing I could do should I ever get back into my job.”
In his statement ending his challenge, he wrote: “I strongly disagree with the circuit court’s decision, but I accept and will abide by it. That’s what Americans do.” That was a pointed response to comments by several government officials, including Musk and Vice President J. D. Vance, who have questioned whether the executive branch has to follow judicial rulings. “I think the key to our country is respect for the rule of law, and I think there’s been too much disrespect of late,” he told me. “So I wanted to make it clear that just because I’m unhappy with the decision, I in no way contest its binding nature.”
What is at stake right now is not just the fate of whistleblowers and probationary employees but also the underlying principle of independent agencies within the executive branch. Such bodies have existed since the 1930s and are written into laws passed by Congress, but as I wrote recently, Trump allies have argued in Project 2025 and elsewhere that independent regulatory agencies are unconstitutional because they limit the president’s control of the executive branch. They have promised to politicize traditionally detached parts of the government.
If courts conclude that this independence is unconstitutional, then most existing protections for whistleblowing seem doomed. Congress concluded when passing these laws that the executive branch needed internal watchdogs. They are generally presidentially appointed—like Dellinger, and like inspectors general inside major departments—but, once in place, insulated from pressure. Without them, whistleblowers have no clear recourse besides going to Congress (no easy feat for all but the most major scandals) or the press. Either path is uncertain and fraught with dangers of retaliation.
Gutting the current regime may result in more of the problems that Musk is supposedly fighting, Dellinger argued. “I think it’ll mean that government is less effective,” he told me, because fewer routes will exist for employees to shed light on failures. “I think it may lead to an increase in waste, fraud, and abuse. And I think we’re not going to know for sure what it means, because you don’t have these independent watchdogs who are able to make their work public.”
The entire existing vision of the executive branch, constructed by an idealistic liberal vision of government held accountable by legal structures and processes, seems currently under threat. Dellinger is a fitting figure to be in the middle of this fight. He’s spent his career moving between government service and practicing law in the private sector. (He’s also contributed to The Atlantic.) His father, Walter Dellinger, served as the acting solicitor general in the Clinton administration and was regarded as one of the most brilliant Democratic lawyers of his generation. Hampton Dellinger told me he remains hopeful that the decades-old vision of the federal government is not dying.
“The fact that people are resisting unlawful orders, I think, is vital,” he said. “I still have faith in the judiciary, even if my case didn’t succeed. I have faith in generations younger than me.” If the federal government is to run on anything other than patrimonialism, those generations will have to find a way to rebuild it after the current assault.
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ICE agents arrested the Columbia University graduate student and pro-Palestinian activist Mahmoud Khalil over the weekend. According to Khalil’s lawyer, agents said that they were operating under State Department orders to revoke his green card. The State Department declined to comment on Khalil’s case.
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Evening Read
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Turtleboy Will Not Be Stopped
By Chris Heath
On overpasses and by roadsides they gather, holding banners and placards. In the early days, only a few people showed up, congregating at chosen times and scattered locations around Boston. But their cause has grown and their numbers have swelled. For Labor Day 2024, plans were made for “standouts,” as the organizers called them, in more than 70 places—all over Massachusetts, yes, but also in Ohio, Kansas, Florida, California, and elsewhere.
These assemblies are the most visible manifestation of what is usually referred to as the Free Karen Read movement. If in the fullness of time it will seem strange that such unity and passion should have been mustered in defense of a 45-year-old Massachusetts financial analyst and adjunct college professor accused of killing her police-officer boyfriend by backing into him with her car … well, not to these people gathered today.
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Culture Break
Theo Wargo / Peacock / Getty
Listen. Lady Gaga’s latest album, Mayhem, is “an ode to her early career—and a powerful demonstration of growth,” our music critic Spencer Kornhaber writes.
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P.S.
This weekend, I drove to the North Carolina mountains with my family, and we spent most of the drive both ways listening to Big Ugly, the brand-new record by Fust, one of my favorite musical discoveries of the past year. The Durham-based alt-country band is led by Aaron Dowdy, who is a Ph.D. student in Duke University’s literature department but also firmly rooted in his native Appalachian Virginia. The lead track, “Spangled,” rhymes Route 11 with repossession and includes the memorable image of “feeling like a sparkler / that’s been thrown off a roof.” I’m obsessed.
— David
Isabel Fattal and Shan Wang contributed to this newsletter.
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