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Trump admin seeks permission to fire head of the Office of Special Counsel

The Trump administration has filed an appeal with the Supreme Court, hoping to get permission to fire the head of the federal agency dedicated to protecting whistleblowers.

The emergency appeal, obtained by The Associated Press on Sunday, could likely be the start of a steady stream of court filings by lawyers of President Donald Trump and his administration aimed at reversing lower court rulings that have delayed his priorities for his second term in office.

The appeal seeks to prevent Hampton Dellinger from resuming his role as the head of the Office of Special Counsel.

A lower court judge previously temporarily reinstated Dellinger to his position, which he was appointed to by former President Joe Biden. Now, the Department of Justice is calling on the high court to lift the judge’s order.

AS DEMOCRATS REGROUP OUTSIDE DC, GOP ATTORNEYS GENERAL ADOPT NEW PLAYBOOK TO DEFEND TRUMP AGENDA

Dellinger has argued that by law, he can only be dismissed from his position for job performance problems, which were not cited in an email dismissing him from his post.

The Trump administration’s petition came hours after an appeals court refused to lift the order on procedural grounds, which was filed last Wednesday and is expected to expire on Feb. 26.

The case is not expected to be placed on the docket until the Supreme Court returns after the Presidents' Day holiday weekend. Once filed, the earliest the justices will be able to act will be Tuesday.

 FEDERAL JUDGE ORDERS TRUMP ADMIN TO RESTORE PUBLIC HEALTH WEB PAGES

Dellinger sued the Trump administration in D.C. federal court last Monday following his firing on Feb. 7. 

The Trump administration has been met with a wave of lawsuits since Inauguration Day, and legal experts say many of them will likely end up in the Supreme Court's hands. 

"President Trump is certainly being aggressive in terms of flexing executive power and not at all surprised that these are being challenged," John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation, told Fox News Digital last week.

HOUSE DEMS ORGANIZE RAPID RESPONSE TASK FORCE AND LITIGATION GROUP TO COMBAT TRUMP AGENDA

Trump kicked off his second term with a flurry of executive orders and directives that have since been targeted by a flood of legal challenges.

Since Trump's first day back in the Oval Office, more than 40 lawsuits have been filed over the administration's actions, including the president's birthright citizenship order, immigration policies, federal funding freezes, federal employee buyouts, Elon Musk's Department of Government Efficiency (DOGE), and legal action against FBI and DOJ employees.

In one of the most recent developments, a Rhode Island federal judge ordered the Trump administration to unfreeze federal funds, claiming the administration did not adhere to a previous order to do so. The Trump administration appealed the order to the First Circuit shortly thereafter, which was ultimately denied. 

Many of these lawsuits have been filed in historically left-leaning federal court jurisdictions, including D.C. federal court. Various challenges have already been appealed to the appellate courts, including the Ninth and First Circuits, which notably hand down more progressive rulings. The Ninth Circuit, in particular, has a higher reversal rate than other circuit courts.

Fox News Digital’s Haley Chi-Sing and The Associated Press contributed to this report.

Trump DOJ brings down 'Sovereign' District of New York

Acting Deputy Attorney General Emil Bove just delivered a civics lesson to a now-former top New York prosecutor who was apparently confused about who she worked for.

It all began when Bove, as authorized by Attorney General Pam Bondi, directed Acting United States Attorney for the Southern District of New York Danielle Sassoon to dismiss the federal indictment against New York City Mayor Eric Adams. The Biden Justice Department had indicted Adams on a somewhat questionable bribery charge after he had voiced public criticism of President Biden’s policies on illegal immigration.

TRUMP'S JUSTICE DEPARTMENT ORDER TO DROP PROSECUTION OF NYC MAYOR ERIC ADAMS SPARKS RESIGNATIONS

When he assumed office, President Donald Trump issued an order to de-weaponize the Justice Department, which had engaged in lawfare against him for years. In the spirit of this order, Bove—while not addressing the merits of Adams’ prosecution or impugning the integrity of the prosecutors—ordered the dismissal without prejudice, meaning charges can be brought in the future.

Bove provided two rationales for the decision. First, the indictment reasonably could be viewed as interfering with the November 2025 mayoral election in which Adams is a candidate. Second, the indictment would hinder Adams’ ability to assist the Trump administration in its illegal immigration enforcement activities. Bove ordered, for instance, that Adams’ security clearances be restored. Bove made clear that the Trump Justice Department and Adams had not bargained to dismiss the indictment in exchange for Adams’ assistance. Adams and his counsel agreed to the dismissal without prejudice, and the unopposed motion awaits a ruling by Manhattan U.S. District Judge Dale Ho.

Even though it called for no improper action by government attorneys, such as lying to the court, Bove’s directive set off a firestorm. Sassoon resigned and wrote a letter in which she asserted that dismissing the indictment would be contrary to the rule of law. She cited her clerkship for former U.S. Supreme Court Justice Antonin Scalia. She also clerked for Judge J. Harvey Wilkinson of the Fourth Circuit, and the media made sure to publish Wilkinson's praise of Sassoon’s integrity in order to bash the Trump administration.

Half a dozen other prosecutors under Sassoon refused to dismiss the indictment and resigned. One, Hagan Scotten, used the terms "fool" and "coward" to describe anyone who would file the motion to dismiss the indictment. The media made sure to point out that Scotten had received a Bronze Star and that he had clerked for Chief Justice John Roberts and then-Judge Brett Kavanaugh, now an associate Supreme Court justice. These points are irrelevant, because what happened here was simple. Bove, acting under Bondi’s direction, issued a lawful order that many subordinates refused to obey. The Department of Justice Manual, Section 9-2.001, decrees that "[t]he United States Attorney . . . has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates."

None of these sanctimonious prosecutors resigned during the four years of lawfare directed at President Trump. None of these holier-than-thou officials resigned when Biden Attorney General Merrick Garland ordered the FBI to investigate parents who had questioned the way their children were being taught at school board meetings. None of these arrogant attorneys resigned when the Biden Justice Department weaponized the Freedom of Access to Clinic Entrances (FACE) Act to pursue pro-life Christians who had prayed at abortion clinics while doing nothing about attacks on pro-life pregnancy centers and Catholic Churches. None of these preening lawyers resigned when the Biden Justice Department perverted an obstruction statute with a maximum sentence of two decades in prison to pursue January 6 protesters when that statute was, as the Supreme Court ruled last year, inapplicable. But a dismissal without prejudice of an indictment for alleged political corruption has spawned insufferable letters of condemnation and seven resignations so far.

Article II of the Constitution vests the executive power and authority of the presidency in the president. Bondi and Bove are exercising President Donald Trump’s authority not to persecute people, but to stop possible persecutions. Recall that Adams was indicted by the Biden Justice Department after lodging criticism against the administration. Leftists in the media certainly would have sounded the alarm if the Trump Justice Department had indicted a government official critical of Trump. In his extraordinary dissent in Morrison v. Olson (1988), Justice Scalia wrote about the prospect of a weaponized legal system. Times have proven him sadly correct, and Bove referenced the dissent in his damning response letter to Sassoon.

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Former President Obama won a decisive victory in 2008, including a 10-point win in Pennsylvania. Still, the Bush 43 Justice Department filed charges against several members of the New Black Panther Party who allegedly had intimidated voters and poll workers at polling places. Kristen Clarke, who later headed the Civil Rights Division under President Biden, lobbied vigorously and successfully for the Obama Justice Department to drop the charges. This political decision sparked no outrage or letters of resignation from career prosecutors. No media howls erupted.

Here, President Trump’s political appointees issued a lawful and ethical order that two career Justice Department prosecutors—apparently fools or cowards in Scotten’s view—signed. Spoiled-brat bureaucrats refused to obey the directive, believing they knew better. Sassoon, for instance, argued there was no reasonable basis to dismiss the case. That is not her call; the President and his appointees determine what is in the best interest of the nation, not bureaucrats.

Now these miscreants find themselves deservedly out of jobs, soon to be replaced by federal prosecutors who will obey lawful orders because of an understanding that President Trump and his political appointees make these decisions, not career bureaucrats. That is the way our representative democracy works. President Trump does not threaten our democracy; the insubordinate bureaucrats who are attempting to thwart him do.

To these insubordinates, good riddance, for you no longer reign over what you view as the "Sovereign District of New York." Career federal prosecutors in SDNY are learning the hard way that they report to the deputy attorney general, who reports to the attorney general, who reports to the president. Any other way proves we have a deep state, which too many pretend is a conspiracy theory.

Trump nominates judge to serve as next US attorney for Southern District of Florida

President Donald Trump announced three new members of his administration on Sunday, including Judge Jason Reding Quiñones, who the president has nominated as the next U.S. attorney for the Southern District of Florida.

"A former Federal prosecutor and Justice Department National Security Official, Judge Reding Quiñones currently serves as a highly respected State Trial Judge in Miami, and a Lieutenant Colonel in the Air Force Reserve," Trump wrote in a post on Truth Social. "As the next U.S. Attorney for the Southern District of Florida, Judge Reding Quiñones will restore Law and Order, prosecute violent crimes and, MAKE AMERICA SAFE AGAIN."

Along with Quiñones, the president announced that Jim Byron will serve as the senior advisor to the acting national archivist, Secretary of State Marco Rubio, at the National Archives and Records Administration (NARA).

Having already worked with the NARA, Trump said Byron understands the responsibility that goes into preserving the country’s history.

TRUMP LANDS KEY TULSI GABBARD CONFIRMATION FOLLOWING UPHILL SENATE BATTLE

In his role, Byron will manage the archives on a day-to-day basis as the Trump administration continues its search for a full-time archivist.

Trump also nominated John Jovanovic to serve as the chairman and CEO of the Export-Import Bank of the United States (EXIM).

TRUMP'S NOMINEE FOR SMALL BUSINESS CHIEF PRIMED FOR FINAL VOTE AFTER CLEARING PROCEDURAL HURDLE

"John will utilize his extensive experience in finance, investments, and business building across the Energy, Commodities, and Critical Infrastructure sectors to Make America Energy and Manufacturing DOMINANT Again," Trump wrote on Truth Social.

Jovanovic is a graduate of The Wharton School of the University of Pennsylvania, where he earned his master’s in business administration in finance and management.

He also attended Princeton University, where he earned his undergraduate degree in politics.

CLICK HERE TO GET THE FOX NEWS APP

"He will work tirelessly to protect all of the gains from our strong Tariff Policies, guarantee that our Exports receive fair treatment, and always put American companies, and our Energy exports, FIRST," Trump said. "Congratulations John!"

Trump admin seeks permission to fire head of the Office of Special Counsel

The Trump administration has filed an appeal with the Supreme Court, hoping to get permission to fire the head of the federal agency dedicated to protecting whistleblowers.

The emergency appeal, obtained by The Associated Press on Sunday, could likely be the start of a steady stream of court filings by lawyers of President Donald Trump and his administration aimed at reversing lower court rulings that have delayed his priorities for his second term in office.

The appeal seeks to prevent Hampton Dellinger from resuming his role as the head of the Office of Special Counsel.

A lower court judge previously temporarily reinstated Dellinger to his position, which he was appointed to by former President Joe Biden. Now, the Department of Justice is calling on the high court to lift the judge’s order.

AS DEMOCRATS REGROUP OUTSIDE DC, GOP ATTORNEYS GENERAL ADOPT NEW PLAYBOOK TO DEFEND TRUMP AGENDA

Dellinger has argued that by law, he can only be dismissed from his position for job performance problems, which were not cited in an email dismissing him from his post.

The Trump administration’s petition came hours after an appeals court refused to lift the order on procedural grounds, which was filed last Wednesday and is expected to expire on Feb. 26.

The case is not expected to be placed on the docket until the Supreme Court returns after the Presidents' Day holiday weekend. Once filed, the earliest the justices will be able to act will be Tuesday.

 FEDERAL JUDGE ORDERS TRUMP ADMIN TO RESTORE PUBLIC HEALTH WEB PAGES

Dellinger sued the Trump administration in D.C. federal court last Monday following his firing on Feb. 7. 

The Trump administration has been met with a wave of lawsuits since Inauguration Day, and legal experts say many of them will likely end up in the Supreme Court's hands. 

"President Trump is certainly being aggressive in terms of flexing executive power and not at all surprised that these are being challenged," John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation, told Fox News Digital last week.

HOUSE DEMS ORGANIZE RAPID RESPONSE TASK FORCE AND LITIGATION GROUP TO COMBAT TRUMP AGENDA

Trump kicked off his second term with a flurry of executive orders and directives that have since been targeted by a flood of legal challenges.

Since Trump's first day back in the Oval Office, more than 40 lawsuits have been filed over the administration's actions, including the president's birthright citizenship order, immigration policies, federal funding freezes, federal employee buyouts, Elon Musk's Department of Government Efficiency (DOGE), and legal action against FBI and DOJ employees.

In one of the most recent developments, a Rhode Island federal judge ordered the Trump administration to unfreeze federal funds, claiming the administration did not adhere to a previous order to do so. The Trump administration appealed the order to the First Circuit shortly thereafter, which was ultimately denied. 

Many of these lawsuits have been filed in historically left-leaning federal court jurisdictions, including D.C. federal court. Various challenges have already been appealed to the appellate courts, including the Ninth and First Circuits, which notably hand down more progressive rulings. The Ninth Circuit, in particular, has a higher reversal rate than other circuit courts.

Fox News Digital’s Haley Chi-Sing and The Associated Press contributed to this report.

Trump nominates judge to serve as next US attorney for Southern District of Florida

President Donald Trump announced three new members of his administration on Sunday, including Judge Jason Reding Quiñones, who the president has nominated as the next U.S. attorney for the Southern District of Florida.

"A former Federal prosecutor and Justice Department National Security Official, Judge Reding Quiñones currently serves as a highly respected State Trial Judge in Miami, and a Lieutenant Colonel in the Air Force Reserve," Trump wrote in a post on Truth Social. "As the next U.S. Attorney for the Southern District of Florida, Judge Reding Quiñones will restore Law and Order, prosecute violent crimes and, MAKE AMERICA SAFE AGAIN."

Along with Quiñones, the president announced that Jim Byron will serve as the senior advisor to the acting national archivist, Secretary of State Marco Rubio, at the National Archives and Records Administration (NARA).

Having already worked with the NARA, Trump said Byron understands the responsibility that goes into preserving the country’s history.

TRUMP LANDS KEY TULSI GABBARD CONFIRMATION FOLLOWING UPHILL SENATE BATTLE

In his role, Byron will manage the archives on a day-to-day basis as the Trump administration continues its search for a full-time archivist.

Trump also nominated John Jovanovic to serve as the chairman and CEO of the Export-Import Bank of the United States (EXIM).

TRUMP'S NOMINEE FOR SMALL BUSINESS CHIEF PRIMED FOR FINAL VOTE AFTER CLEARING PROCEDURAL HURDLE

"John will utilize his extensive experience in finance, investments, and business building across the Energy, Commodities, and Critical Infrastructure sectors to Make America Energy and Manufacturing DOMINANT Again," Trump wrote on Truth Social.

Jovanovic is a graduate of The Wharton School of the University of Pennsylvania, where he earned his master’s in business administration in finance and management.

He also attended Princeton University, where he earned his undergraduate degree in politics.

CLICK HERE TO GET THE FOX NEWS APP

"He will work tirelessly to protect all of the gains from our strong Tariff Policies, guarantee that our Exports receive fair treatment, and always put American companies, and our Energy exports, FIRST," Trump said. "Congratulations John!"

Trump administration fires more than a dozen immigration judges

More than a dozen immigration judges were fired on Friday, coinciding with President Donald Trump's promise to trim the federal workforce.

A union official told the Associated Press that 13 judges who were set to be sworn in, and five assistant chief immigration judges, were fired on Friday without warning.

The move comes after two other judges were dismissed this week, the AP reported. No replacements have been announced.

US IMMIGRATION BACKLOG REACHES NEW RECORD OF 3 MILLION PENDING CASES: REPORT

Fox News Digital previously reported the U.S. immigration court backlog surpassed three million pending cases.

Immigration judges currently average 4,500 pending cases each, according to Syracuse University’s Transactional Records Access Clearinghouse.

The AP reported five top court officials were replaced by the Trump administration, including Mary Cheng, the agency’s acting director. 

TRUMP BIRTHRIGHT CITIZENSHIP EXECUTIVE ORDER BLOCKED BY THIRD FEDERAL JUDGE

In a memo released on Jan. 27, Sirce Owen, acting director of the Department of Justice, noted the Biden administration "severely undermined" core values of the Executive Office for Immigration Review (EOIR).

"An effort to restore those values and to re-establish EOIR as a model administrative adjudicatory body is well underway," Owen wrote. "If all employees are willing to join that effort, then there will be no limit to what EOIR can achieve."

The Trump administration on Thursday instructed agencies to lay off most probationary workers without civil service protection, the AP reported.

The International Federation of Professional & Technical Engineers, which represents federal employees, and the U.S. Justice Department’s Executive Office for Immigration Review did not immediately respond to Fox News Digital's request for comment on Saturday.

Fox News Digital's Landon Mion and the Associated Press contributed to this report.

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