Senate Democrats’ AG Hearing Witness Pushed Broad Clemency for Federal Death Row Inmates

Senate Judiciary Committee Democrats have called Liz Oyer, former Department of Justice pardon attorney, as a lead witness in the confirmation hearing for Acting Attorney General Todd Blanche, drawing scrutiny over her past recommendations for clemency for federal death row inmates.

The hearing spotlights a partisan clash over the Justice Department’s approach to clemency and capital punishment, with Oyer’s record and firing by Blanche at the center of the dispute.

Oyer’s role comes amid ongoing debate over the Biden administration’s use of clemency powers, which saw a record number of commutations and pardons, including for individuals convicted of violent crimes, before the Trump administration reinstated federal executions.

Oyer’s Clemency Recommendations

According to a Nov. 4, 2024 memo obtained by The Federalist, Oyer recommended that then-Attorney General Merrick Garland encourage President Joe Biden to reassess the remaining federal death sentences, citing concerns about sentencing disparities and severity. She suggested options ranging from commuting all federal death sentences to considering clemency on a case-by-case basis.

Oyer’s memo noted an “influx of requests” to commute federal death sentences before the end of the Biden administration. Ultimately, 37 of 40 federal death row inmates had their sentences commuted, according to The Federalist and corroborated by DOJ clemency statistics and a Pew Research Center analysis.

In her memo, Oyer argued, “Disparity and undue severity of sentence, which are present in many if not all of these cases, have long been recognized as grounds for clemency.”

Firing Over Mel Gibson Gun Rights Case

Oyer’s firing by Blanche followed her refusal to recommend restoring firearm rights to actor Mel Gibson, who had been barred from gun ownership after a domestic violence conviction. In a statement, Sen. Dick Durbin, the committee’s ranking member, said Oyer was dismissed “for refusing to rubberstamp gun ownership rights to Mel Gibson, a convicted domestic violence abuser and friend of Donald Trump.”

Oyer described the incident in a Rolling Stone op-ed, writing, “I had been asked to recommend restoring the firearm rights of a famous friend of the president who had lost his right to own a gun due to a domestic violence conviction. I declined to do so based on concerns about public safety.”

High-Profile Cases and Public Criticism

Oyer’s clemency recommendations included notorious cases such as Chadrick Fulks and Brandon Basham, convicted of multiple murders during a crime spree, and Ricordo Sanchez Junior and Daniel Troya, who killed a family of four in Florida. In an Oct. 30, 2024 memo, Oyer also addressed the case of Dylann Roof, convicted of killing nine churchgoers in Charleston, S.C., conceding that Roof was “not a compelling candidate for clemency” but still recommending consideration due to mental health factors.

Victims’ families have criticized the Biden administration’s actions. Heather Turner, whose mother was killed during a bank robbery, wrote on Facebook, “At no point did the president consider the victims. He, and his supporters, have blood on their hands.”

Policy Reversal Under Trump Administration

On his first day in office, President Donald Trump signed an executive order restoring the federal death penalty, citing public safety concerns and referencing the Biden administration’s commutations. The order stated that 37 of the “most vile and sadistic rapists, child molesters, and murderers on Federal death row” had their sentences commuted. Read the executive order.

Oyer, now represented by Democracy Forward in a lawsuit against the DOJ, has continued to criticize the new administration’s approach, stating in Senate testimony that “the new administration showed little interest in considering our clemency recommendations.”

Democratic leaders, including Durbin, argue that Oyer’s testimony highlights concerns about the politicization of the Justice Department under Blanche. Blanche and Republican members have not publicly addressed Oyer’s claims in detail.

“I had been asked to recommend restoring the firearm rights of a famous friend of the president who had lost his right to own a gun due to a domestic violence conviction. I declined to do so based on concerns about public safety.”

— Liz Oyer, former DOJ pardon attorney