An Able DC USDC Judge Rules, With Finality: Hampton Dellinger Keeps His Position, On Summary Judgment

Here is the full 67 page opinion, from the ever-capable Amy Berman-Jackson.

There could not be a more complete loss for Team Tangerine 2.0.

There was no authority to try to oust him, in the manner that these chuckle-heads attempted.

Full stop. But do read it all, if you are a fan of our system of ordered liberty.

. . .There is no dispute that the statute establishing the Office of Special Counsel provides that the Special Counsel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office, and that the curt email from the White House informing the Special Counsel that he was terminated contained no reasons whatsoever. This is the basis for Count 1, which alleges that the termination was an unlawful, ultra vires action, and the basis for plaintiff’s assertion that he is entitled to declaratory and injunctive relief. Compl. ¶¶ 37–41. The Court will grant plaintiff’s motion and enter judgment in his favor. . . .

Although this Court does not consider plaintiff to be an inferior officer, the case is more akin to Morrison, in which the Court found that the removal protections did not unduly interfere with the functioning of the executive branch because, in part, the independent counsel had “limited jurisdiction and tenure and lacked policymaking or significant administrative authority.” Seila Law, 591 U.S. at 217, quoting Morrison, 487 U.S. at 691. If, as in that case, one considers the question posed by the Supreme Court – “whether a removal restriction is of such a nature that it impedes the President’s ability to perform his constitutional duty” – the answer is no. . . .

These are very strange times, to be sure -- and I do worry a little bit, that there is coming a time when Tangerine 2.0 will assert that he need not honor or obey any court's order that he doesn't agree with. At that moment, we all must stand tall: and if need be, the US Marshals and the various states' police may be pressed into service. I hope it doesn't come to that -- but we should begin making contingency plans, now. [And Trump has already appealed the above, but it stands firm.]

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