On June 18, 2021, he was nominated by President Biden to serve as the United States Department of Justice's
Assistant Attorney General for the
Office of Legal Policy. On July 28, 2021, a hearing on his nomination was held before the
Senate Judiciary Committee. On September 23, 2021, his nomination was reported out of committee by a 13–8–1 vote. On October 27, 2021, the
United States Senate invoked cloture on his nomination by a 51–45 vote. On October 28, 2021, Dellinger was confirmed by a 53–37 vote. He was sworn in on November 1, 2021. On October 3, 2023, Dellinger was nominated to be the next
Special Counsel of the United States. On November 30, 2023, a hearing on his nomination was held before the
United States Senate Committee on Homeland Security and Governmental Affairs. On January 17, 2024, his nomination was reported out of committee by a 7–1 vote. On February 27, 2024, the
United States Senate invoked cloture on his nomination by a 51–46 vote. He was confirmed later that day by a 49–47 vote. He was sworn in on March 6, 2024. On February 7, 2025, President Donald Trump fired Dellinger, giving no reason for the removal. On February 10, Dellinger sued, alleging Trump had ignored a federal law that a special counsel can only be fired due to "inefficiency, neglect of duty, or malfeasance in office." Judge
Amy Berman Jackson issued a temporary stay requiring Dellinger to be restored to office pending further legal action. On February 16, the Justice Department opened an emergency appeal with the Supreme Court seeking to lift the temporary order, arguing that it is an unacceptable intrusion on executive power. The Court agreed to hear the case on an emergency basis. Arguments on
Bessent v. Dellinger began within days. On February 21, the Supreme Court declined to grant the emergency appeal in a 5-4 decision, holding the case in
abeyance until February 26, when the temporary stay is set to expire. On March 1, 2025, Judge Berman issued a ruling that Dellinger's firing was unlawful and that he was to be fully reinstated in his job. The Trump administration appealed the ruling. The
United States Court of Appeals for the District of Columbia Circuit on March 5, 2025 lifted the stay imposed by the district court, allowing his dismissal. Dellinger then dropped his lawsuit, accepting his dismissal. == Personal life ==