Saturday, March 08, 2025
The death of expertise
Yesterday, U.S. Pardon Attorney Elizabeth Oyer was fired from her job at the Department of Justice and removed from the building. The termination letter (above) is chilling, and the move is baffling.
Since her appointment in 2022, Oyer has built a strong staff and done a great job. She had a perfect background (Harvard Law, law firm partner, federal defender) for the tasks a pardon attorney performs: working with challenging sentencing rules, working through often poorly-drafted petitions and making hard choices about the recommendations she made. We disagreed at times (not many, actually), but I always very much admired her work.
At this point I don't know the fate of her staff or if she will be replaced. I am certain they will not find someone else as good at the job. This was not the elimination of "fraud," "waste," or "abuse": it was the elimination of expertise. I do not know what comes next.
Moreover, her departure eliminates the possibility of what looked to be a great working combination after Trump appointed Alice Johnson his "Pardon Czar" who would work at the White House and bring him good cases. These two talented women have complementary talents, as Liz Oyer is strong at sentencing analysis and organization, but has had no access to the White House or ability to speak publicly about clemency (as a DOJ employee). Meanwhile, Alice Johnson is a fantastic public advocate for clemency and does have access to the President. If they were to work together, it would make a compelling whole.
But a dynamic that includes expertise, it seems, might not be what's in favor right now.