United States Supreme Court has just ruled against Donald Trump and his efforts to remove from office the head of the office of special counsel Hampton Dellinger what does it mean what have I gleaned from the 5 pages and what does it mean from the future that justices Alito and Gorsuch both opposed Justice Roberts in allowing Hampton Dellinger to remain as the head of the office's special counsel for at least five more days until the trial judge holds her hearing on Michael Topek you're on the Midas Dutch network with breaking news and legal AF now let me give you a little bit of an aside what this is about and then tell you I know Hampton Dellinger Relatively well he was appointed by Biden by President Biden to serve out a five year term He just got the appointment a couple of months ago to be the head of the Office of Special Counsel that's a special creature it's not what it sounds like it's not an office devoted to prosecution like like Jack Smith's special counsel it's a term of art being used for an organization that's responsible for things related to the enforcement of laws related to federal workers an important position nonetheless and Hampton Dellinger overly qualified for the position if you ever wanted an ethical stand-up trustworthy fellow or woman to take that position you want somebody that looks and acts exactly like you have to Delinger but Donald Trump doesn't want him to Delinger he doesn't want independent watchdogs he doesn't want anybody serving out a five-year term on his watch and so he fired it without cause and the problem is by firing without cause he violated the due process rights of one Hampton Nullinger who ran it on emergency injunction and obtained it a temporary restraining order from a federal court judge in the district of Columbia and then went up to the DC appellate court and in a 2 to 1 ruling they said we don't have jurisdiction over temporary restraining orders the way it works in court a little bit of a legal breakout session is if you have a temporary restraining order which is only in place for a short amount of time in this case it's only in place for about five days you wait until there's a preliminary injunction at which time then the courts of appeal have jurisdiction they generally don't have jurisdiction over temporary restraining orders now they tried to bring this case the the Trump Administration by claiming that the Supreme Court has power under what is referred to as the all writs act but that's very narrow in application it doesn't apply to the facts of this case first stop on the train is Chief Justice Roberts why but not just because he's the supreme he's the chief of the Supreme Court but because he anything any appeal that comes out of the DC appellate courts goes firstly to Chief Justice Roberts out of an emergency application He could have denied this on his own but he decided I guess anything related to Trump he's going to throw it back To the entirety of the nine justices of the pan
