Portrait of Hampton Dellinger, Assistant Attorney General for the Office of Legal Policy under Joe Biden/ Wikimedia Commons
Hampton Dellinger is still playing games with the appeals court after he backed down and ended his legal battle with President Trump.
On Thursday, Hampton Dellinger finally ended his legal battle against President Trump.
President Trump fired Hampton Dellinger, the Special Counsel for the Office of Special Counsel last month, however, the Biden holdover continued to fight Trump in court and was successful because the case was assigned to a corrupt Obama judge.
However, the DC Circuit Court of Appeals on Wednesday evening allowed President Trump’s firing of Hampton Dellinger to proceed.
The appeals court granted a motion to stay Judge Amy Berman Jackson’s order reinstating the Biden holdover.
Following the ruling from the DC Circuit Court, Hampton Dellinger said he is ending his legal fight with 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,” Hampton Dellinger wrote in a statement.
Dellinger blasted the appeals court after judges Henderson (George W. Bush appointee), Millett (Obama appointee), and Walker (Trump appointee) ruled against him.
The government hit back at Dellinger on Thursday and said the appeal is still live.
Dellinger is trying to stop the appeals court from issuing a ruling but the DOJ is not having it.
“Plaintiff’s assertion that he is “negotiating with the government regarding the proper next steps to bring this litigation to an end” is also curious. Plaintiff has not proposed any stipulation under Fed. R. Civ. P. 41(a)(1) or sought our consent to a motion under Fed. R. Civ. P. 41(a)(2). Plaintiff has communicated that he would “take no position on a motion to vacate the underlying judgment.” But that only confirms that this appeal is not moot,” the DOJ wrote.
“Again, the appeal will become moot only if and when the permanent injunction from which it arises is dissolved and plaintiff’s complaint is dismissed with prejudice – a result that plaintiff so far has made no effort to effectuate,” the DOJ said last week.
The DOJ accused Hampton Dellinger of attempting to “prevent the issuance” of an opinion from the appeals court.
After initially sending a letter to the court, Hampton Dellinger filed a new shocking motion to dismiss his appeal as moot to block the Court of Appeals from issuing a ruling.
On Friday, Hampton Dellinger filed a shocking motion to dismiss his appeal in his latest effort to block the court from issuing a ruling.
“Hampton Dellinger moves to dismiss the appeal because it is moot, with each side to bear its own costs,” Hampton Dellinger’s attorneys wrote.
“Having been removed from office, Hampton Dellinger no longer wishes to pursue a judicial remedy to ensure that he remains as Special Counsel. Because Special Counsel Dellinger no longer contests his removal and is out of office, neither this Court nor the district court can afford the government (or Mr. Dellinger) any relief. The case is now moot and the appeal should be dismissed,” they wrote.
The government has not responded yet.
BREAKING: OMgosh….Dellinger’s attorneys file ridiculous Motion to Dismiss as Moot Dellinger’s lawsuit in desperate attempt to have court decision’s vacated (as precursor to having D.C. Appellate Decision vacated). 1/ https://t.co/b9hOsxSXdU
— Margot Cleveland (@ProfMJCleveland) March 9, 2025
The Federalist’s Margot Clevelend said the DOJ should seek sanctions.
7/ Again, Dellinger says the case is “moot” because he no longer wants the remedies he asked for and so the Court can’t give him any remedy. That is an absolutely crazy argument & illustrates the lawfare in play: Dellinger is desperate to prevent bad precedent.
— Margot Cleveland (@ProfMJCleveland) March 9, 2025
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