WATCH: GOP senators tear into former Biden pardon attorney over push to spare ‘mass murderers’ from death row – “`html
Republican Lawmakers Question Pardon Attorney’s Credibility During Blanche Hearing
During the second day of proceedings for Todd Blanche’s confirmation, multiple Republican lawmakers raised serious concerns about the reliability of testimony provided by a former Biden administration Justice Department official. These senators specifically highlighted her involvement in securing clemency for thirty-seven individuals who had been sentenced to death on federal charges.
Democrats have defended Elizabeth Oyer, who held the position of United States pardon attorney within the Department of Justice. This role, which carries no political affiliation, was occupied by Oyer from April 2022 through March 2025. Her tenure concluded when then-Deputy Attorney General Blanche removed her from office, an action Oyer characterized as politically driven. While Democratic lawmakers presented Oyer as proof that Blanche had introduced political considerations into the Justice Department’s operations, Republican senators contended that her suggestions to reduce sentences for federal death row prisoners actually weakened her own credibility.
Blanche, who has functioned as acting attorney general since April 2, has not publicly explained her decision to dismiss Oyer. However, Blanche asserted that the termination occurred because Oyer declined to support a recommendation to restore gun ownership rights for actor Mel Gibson. Gibson currently serves as a special envoy to Hollywood under President Donald Trump. The Justice Department subsequently rejected this explanation as the actual reason for Oyer’s removal.
Testimony Highlights and Republican Criticism
Speaking before the Senate Judiciary Committee on Thursday, Oyer identified several issues related to Blanche’s performance as primary reasons why she should not be confirmed as attorney general. These included Blanche’s management of documents connected to Jeffrey Epstein and the decision to move Ghislaine Maxwell to a facility with reduced security levels.
“At the end of the day, the priority of this DOJ is protecting powerful men, even when it comes at the expense of vulnerable women,” Oyer stated during her testimony.
Sens. Josh Hawley from Missouri, Eric Schmitt from Missouri, and Senate Judiciary Committee Chair Chuck Grassley from Iowa focused their questioning on an internal memorandum dated November 4, 2024. In this document, Oyer suggested that Attorney General Merrick Garland should advise President Joe Biden to review forty remaining federal death sentences for possible commutation. President Biden ultimately commuted the death penalties for thirty-seven of those cases.
Schmitt delivered a sharp critique of Oyer’s position. “You have no credibility to talk about Todd Blanche. You have none,” he declared. “You’ve come here, you deny basic facts. You recommended the commutation of murderers. You gave no quarter at all or any time to the victims of these brutal murders. So, again, I can’t believe you’ve been called here by the other side. But I’m glad we’ve had an opportunity to expose your hypocrisy.”
A Justice Department analysis revealed that Oyer’s seventy-three-page memorandum devoted merely three paragraphs to acknowledging the concerns of victims’ families.
Notable Cases Under Review
Earlier in the hearing, Hawley highlighted several high-profile federal death row inmates whose sentences Oyer had recommended reducing to life imprisonment. One such case involved Dylann Roof, who was found guilty of the June 17, 2015, mass shooting at Emanuel African Methodist Episcopal Church in Charleston, South Carolina. During a Bible study session, Roof killed nine Black congregants. President Biden ultimately chose not to grant Roof a pardon.
“You said that actually Roof is not a compelling candidate for clemency, but you recommended it anyway,” Hawley noted. “Why? Because he suffered from anxiety. You said, ‘Right, he suffered from anxiety’. Did it ever occur to you that maybe the family of his victims might suffer a little bit of anxiety because he marched into their church and murdered them in cold blood, because he was an incredible racist and he wanted to get on TV?”
Hawley also questioned Oyer regarding her recommendation to commute the death sentence of Robert Bowers, who faced sixty-three federal charges related to the 2018 Tree of Life synagogue shooting that claimed eleven Jewish worshipers. Biden similarly declined to commute Bowers’ sentence.
“This guy killed people just because they’re Jews,” Hawley remarked. “A jury recommended that he be sentenced to death, and you substituted your judgment for theirs, and now he’s going to live. Are you proud of that?”
Oyer responded firmly to the criticism. “Sir, what I am proud of is the fact that I took my job as pardon attorney extremely seriously,” she said. Hawley immediately countered with his own assessment. “I think your judgment is astoundingly terrible. I’m amazed that this side of the aisle has called you.”
Grassley also contributed to the questioning by noting that Oyer had recommended commuting the death sentence of Jorge Avila-Torrez, who remained on federal death row following his conviction.
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