Sen. Josh Hawley, R-Mo., sharply criticized former Justice Department Pardon Attorney Elizabeth Oyer during a tense Senate hearing Thursday, accusing her of exercising what he called “astoundingly terrible” judgment in recommending clemency for dozens of federal death row inmates during the Biden administration.
The hearing grew increasingly heated as Hawley questioned Oyer about her role in recommending clemency for 40 federal death row prisoners. Former President Joe Biden ultimately granted clemency to 37 inmates on death row.
Throughout the exchange, Oyer repeatedly declined to discuss the specifics of individual clemency recommendations, prompting Hawley to recount the details of several high-profile murder cases and challenge the reasoning behind the recommendations.
Hawley referenced a memorandum authored by Oyer on Nov. 4, 2024, reading aloud language stating that “disparity and undue severity of sentence, which are present in many, if not all of these cases, have been recognized as grounds for clemency.”
The Missouri senator said he was “absolutely amazed” Oyer had been invited to testify before the committee before turning to the case of Dylann Roof, who was convicted of murdering nine people during a racially motivated shooting at a South Carolina church. Although Roof was included among those Oyer recommended for clemency, he was not ultimately granted clemency.
Displaying photographs of Roof’s victims, Hawley asked Oyer whether she stood by her recommendation.
“There they are. Nine of them, at a Bible study, in a church, killed in cold blood,” Hawley said, quoting prosecutors who concluded Roof deliberately targeted African Americans because of their race and chose a Black church to make the attack more notorious.
Hawley argued that Oyer sought to substitute her judgment for that of the judicial system by recommending clemency. Oyer responded that she could not discuss the specifics of any recommendation but noted that Roof would die in prison.
The senator then cited another memo dated Oct. 30, 2024, saying Oyer had described Roof as “not a compelling candidate for clemency” but recommended clemency anyway. Hawley questioned whether consideration of Roof’s reported anxiety took sufficient account of the suffering endured by the victims’ families.
Oyer maintained that she would not comment publicly on individual cases.
Hawley later turned to the case of Robert Bowers, who was convicted of murdering 11 Jewish worshippers in Pittsburgh. Bowers also was not ultimately granted clemency.
The senator also highlighted Jorge Avila Torrez, who did receive clemency after being convicted of multiple murders, including the killings of two children.
“You recommended clemency for this individual and now he’ll live his life at the expense of taxpayers because you substituted your judgment for that of the American judicial system,” Hawley said before declaring Oyer’s judgment “astoundingly terrible.”
He accused her of forcing victims’ families to relive painful memories and also criticized her for selling merchandise through her personal website, referencing products including baseball caps and mugs featuring her name.
When Oyer described Hawley’s questions as “rhetorical,” the senator rejected that characterization, saying she was simply refusing to explain her recommendations.
Given time to respond, Oyer defended her work as pardon attorney, saying her responsibility under both the Biden and Trump administrations was to provide recommendations that aligned with each president’s clemency objectives.
She said she approached the job with “the utmost effort” while considering the interests of crime victims, defendants, family members, judges, prosecutors and other stakeholders throughout the criminal justice system.
Oyer also defended the clemency review process she oversaw, calling it “beyond reproach,” while criticizing the current state of clemency as “an absolute disgrace.” She added that although she could not discuss individual recommendations in a public hearing, she would be willing to meet privately with members of the committee to address their concerns to the extent possible.
Hawley closed the exchange with one final rebuke, urging Oyer to meet with the victims’ families instead of lawmakers.
“Why don’t you meet with the victims’ families? Here’s the disgrace,” Hawley said.
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