Leading Whistleblower Rights Organizations File Amicus Brief in Support of Special Counsel Hampton Dellinger

On March 5^th 2025, six respected public interest organizations representing whistleblowers filed a joint Amicus Curiae brief (“Friend of the court”) in the U.S Court of Appeals for the D.C. Circuit opposing the illegal termination of Hampton Dellinger.

In the brief, the Amici argued that “Congress created the independent agency (OSC) as a safe space for employees to make disclosures of wrongdoing. To combat the ‘code of silence’ and to overcome fears of retaliation, Congress mandated that the OSC, by design, function as a neutral party, one without political bias… Congress carefully balanced the need to encourage reporting with the ultimate authority of the Executive to manage the federal government.”

The brief quotes from President Ronald Reagan, who in 1981 strongly supported the independent OSC and emphasized the importance of “guaranteed confidentiality.” According to President Reagan, federal employees “must be assured that when they blow the whistle, they will be protected and their information properly investigated”

Stephen M. Kohn, co-counsel for the Amici and an attorney for numerous federal whistleblowers, including Linda Tripp (Department of Defense), Bunnatine H. Greenhouse (Army Corps of Engineers), and Frederic Whitehurst (FBI), issued the following statement:

“Justice Joseph Story in his authoritative 1833 Commentaries on the Constitution explained why the Constitution forbids the Executive from unilaterally firing federal employees such as Hampton Dellinger: ’If this unlimited power of removal does exist, it may be made, in the hands of a bold and designing man, of high ambition and feeble principles, and instrument of the worst oppression and most vindictive vengeance.’ (§1539).”

Kohn continued, “At the heart of this case is the right of federal employees to report violations of law and abuses of authority confidentially to an independent attorney who manages the Office of Special Counsel. For nearly 50 years, every branch of government recognized the importance of the independence of this Office to protect the American public from abuses committed by the federal government. The attack on the independence of this office in unprecedented, irresponsible, and illegal.”

The six public interest groups that joined in the amicus brief are: the Government Accountability Project, National Whistleblower Center, National Security Counselors, Public Employees for Environmental Responsibility, Project on Government Oversight, and Whistleblowers of America.

Stephen M. Kohn was interviewed by Jane Turner on her podcast, Whistleblower of the Week concerning this case. The podcast is linked here.

Attorney Stephen M. Kohn, who also serves as Chairman of the Board for the NWC, is available for comment. For more information, contact NWC at programs@whistleblowers.org.

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NWC is the leading nonprofit working with whistleblowers worldwide to fight corruption and protect people and the environment. For over 30 years, NWC has won policies to protect whistleblowers from retaliation and reward them for helping deliver criminal and civil penalties against wrongdoers. It is a trusted advocate for whistleblowers and a key player in the fight for government accountability and transparency.

Contact Information

Erin Craig

Public Interest Law Clerk

National Whistleblower Center

programs@whistleblowers.org