In a decisive move, a federal appeals court on Thursday delivered a blow to former special counsel Hampton Dellinger by addressing his request to dismiss his case as moot. This follows Dellinger’s earlier decision to withdraw his litigation this month.
After being relieved of his duties by President Trump last month, Dellinger, a Biden appointee, continued his legal battle, initially finding success due to an Obama-appointed judge’s ruling. However, the tide turned when the appeals court granted a motion to stay Judge Amy Berman Jackson’s order, which had reinstated Dellinger.
With the recent decision from the DC Circuit Court, Dellinger has decided to cease his legal challenge against President Trump. “I’m ending my legal battle so my time as Special Counsel and head of the U.S. Office of Special Counsel (OSC) is now over,” Dellinger stated in his statement.
Earlier, in a surprising move, Dellinger attempted to prevent the appeals court from making a ruling, but faced resistance from the Department of Justice (DOJ), which accused him of trying to obstruct the court’s opinion.
His legal team filed a motion to dismiss the appeal on grounds of mootness, suggesting each side cover its own costs. However, the DC Circuit Court of Appeals sided with the government, allowing the stay pending appeal.
The DC Circuit Court’s latest order marks another significant defeat for Dellinger, as they dismissed the lower court’s decision with prejudice, preventing any re-filing of the case and nullifying the injunction previously in place.
BREAKING: D.C. Court of Appeals tells Dellinger okay, you want to play that game, fine, we’ll dismiss the lower court WITH prejudice, but NOT our opinions. 1/
— ProfMJCleveland
March 2025
This ruling is a major setback for Dellinger, as he cannot reopen the case. The decision also maintained the binding precedent set by the Court of Appeals, marking a victory for Trump and delivering a monumental loss to Dellinger.
3/ Instead it dismissed case WITH prejudice meaning Dellinger can’t try to refile AND it vacated injunction entered below which was still in place but stayed AND it left binding precedent of Court of Appeals intact. So, really a WIN for Trump, or rather a BIG L for Dellinger.
— ProfMJCleveland
March 2025
