Posted on 03/02/2025 1:50:25 PM PST by Macho MAGA Man
Julie Kelly 🇺🇸 @julie_kelly2
Obama appointee and shameless Trump hater Judge Amy Berman Jackson last night issued the order we all expected--she declared the president's firing of Hampton Dellinger, head of Office of Special Counsel, was unlawful. (Reading thru her accompanying 67-page opinion now)
7:52 AM · Mar 2, 2025
(Excerpt) Read more at x.com ...
https://x.com/julie_kelly2/status/1896220888183242812
Julie Kelly 🇺🇸 @julie_kelly2
Now turning to Judge ABJ 67-page opinion granting Hampton Dellinger's motion to keep his job as special counsel.
Her decision rests on the language in the statute that requires the president to fire the special counsel for "inefficiency, neglect of duty, or malfeasance in office." The email sent to Dellinger on Feb 7 removing him from office did not provide a reason.
ABJ: "[The] elimination of the restrictions on plaintiff’s removal would be fatal to the defining and essential feature of the Office of Special Counsel as it was conceived by Congress and signed into law by the President: its independence."
But two recent SCOTUS decisions, as DOJ has noted repeatedly, determined the president can fire the head of an agency led by a single individual--which is exactly what Dellinger does. The head of Office of Special Counsel oversees a 129-person agency that handles workforce complaints by federal employees.
ABJ acknowledged this is the last so-called "independent" agency for the courts to test presidential authority v statutory language: "There is no longer any other agency with a single head, protected by similar restrictions, in the executive branch."
That should be the end of it for Dellinger. But not as long as ABJ has her say.
To justify her decision, she twists herself into many pretzels--Dellinger doesn't have a lot of power but he's also not necessarily an inferior officer, she says.
He reports to the president and Congress but must maintain his "independence" free from partisan/political influence, she says.
(Keep in mind--this is an individual APPOINTED BY THE PRESIDENT and confirmed by the Senate for a 5-year term. Dellinger was appointed by Biden to a top DOJ office then to special counsel's office.)
ABJ: "[Dellinger] was injured by the deprivation of his statutory right to function at all when the President attempted to remove him without cause. The purported removal without cause renders him unable to fulfill that duty, a loss that can never be restored, and therefore it gives rise to irreparable harm."
(Dude is a lawyer with a long resume. Pretty sure he can find another gig somewhere.)
It appears a big problem for ABJ is that she spends a lot of time discussing the important function of the Office of Special Counsel but the president is not shutting down the office. He simply wants his own pick--not Joe Biden's holdover who also is friends with the now-pardoned Hunter--to head the office.
And this made me LOL: "The Special Counsel’s job is to look into and expose unethical or unlawful practices directed at federal civil servants, and to help ensure that whistleblowers who disclose fraud, waste, and abuse on the part of government agencies can do so without suffering reprisals. It would be ironic, to say the least, and inimical to the ends furthered by the statute if the Special Counsel himself could be chilled in his work by fear of arbitrary or partisan removal."
I do not expect she will put a hold on her own order pending appeal. I do not expect a 3-judge panel (likely mostly Dems and most certainly to include Judge Flo Pan, who miraculously always ends up on "randomly selected" panels on Trump cases) to reverse her order.
It is very likely, however, SCOTUS will vacate her order and determine that the president can fire the special counsel without cause.
In the meantime, Dellinger will continue to bring complaints by fired probationary employees to the Biden-controlled MSPB to defy Trump's firing of such employees.
Sh*tshow!
9:27 AM · Mar 2, 2025
The Supremes really need to stop this.
Hey, I settle for Gladys Knight stopping it.
Well, that’s 67 polished pages of wasted time.
Trump legal team needs to force her hand and ask what constitutes firing with cause and who has the final say as exactly what that is?
If she says the court ultimately decides, she is clearly violating the Constitution.
The buck stops somewhere and it’s not the court that can make an executive decision.
Silly chick. Soon to be overruled.
After all the screwing around, the appeals can start to get to the SCOTUS.
The US Supreme Court is utterly incompetent.
Besides simply overturning a decision, is there any disciplinary action that SCOTUS can take with these out of control judges?
now let her enforce it...
Move Dellinger’s desk to the mens room. No phone, no computer, no files, etc.
If Trump doesn’t smile and ignore her he’s doing the country a disservice. People can’t just make shit up. These courts are making it up as they go along.
SCOTUS ruled in Marbury v. Madison that the law passed by Congress that that Marbury relied on to bring his case to SCOTUS was an unconstitutional expansion of the Court's jurisdiction by Congress.
Similarly, will the Roberts Court rule that the law passed by Congress preventing a President from people except for very narrow reasons is also an unconstitutional encroachment on a President's powers to run the Executive branch?
-PJ
Berman-jackson needs impeachment!
Silly chick. Soon to be overruled.”
Well the list is getting pretty long now. When are some of these whack a mole Judges going to smacked down? We are of seeing the executive branch getting trampled on.
Sorry Brown. You don’t run the Executive Branch.
Bingo...!!!
Roberts is a Bush appointee. Explains everything.
Yep
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