OAN Staff Gabriella Sable
2:02 PM – Monday, February 17, 2025
The Trump Administration is facing its first big test in whether they can remove heads of federal agencies. The administration has asked the United States Supreme Court to decide if the head of a federal agency that protects government whistleblowers Hampton Dellinger, can be terminated at the Office of Special Counsel while litigation continues in the dispute.
Advertisement
Counsel at the National Legal and Policy Center Paul Kamenar says that if the U.S. The Supreme Court takes the case, it will set the precedent for future cases about federal firings.
“This is an important case that will set the tone for all the firings that Donald Trump has done,” Kamenar told One America News. “Not only with respect to this particular office holder but the inspectors general, he fired 17 of them last week or so.”
The law states a 30-day notice must be given to Congress before firing an inspector general.
Kamenar argued that Trump has a strong chance of winning the case because, as the head of the executive branch, he should have the authority to decide who leads various organizations.
“What he’s arguing, and he has very good ground, is that, look, I am running the executive branch; I have the power to decide who should stay running these agencies that I’m in charge of. And Congress cannot basically put restrictions on how I exercise that power,” said Kamenar.
“Trump has some very good, legal arguments that he made in his petition to the Supreme Court,” Kamenar continued. “Including a Supreme Court decision just a few years ago, where the Supreme Court upheld the president’s power to fire the head of the Consumer Financial Protection Board without having to give any cause or reasons.”
Trump first appealed the temporary restraining order (TRO) on the firing, to a D.C. Circuit court but was shot down. Kamenar says that there was a big dissent in the case with Circuit Judge Greg Katsas saying the president has the authority to fire who he wants.
“The TRO was first appealed to the D.C. circuit and the D.C. circuit shot Trump down,” said Kamenar. “But there was a big dissent by Judge Katsas who said, no the president has this conclusive and preclusive executive power to fire people like this person here in office.”
Kamenar predicts that more information about how the court will rule will be available by the end of the week.
“I think he’s got a good chance of winning that case,” argues Kamenar. “First of all, they’re asking for a stay or time out of the dismissal of the TRO while the court considers the full application. We will probably know by the end of the week, which way this case is going to go.”
Stay informed! Receive breaking news blasts directly to your inbox for free. Subscribe here. https://www.oann.com/alerts
Advertisements below