Sen. Josh Hawley (R-MO) scolded former Justice Department Pardon Attorney Elizabeth Oyer in a heated hearing moment where he grilled her over what he called her “astoundingly terrible” judgment.
During the Thursday Senate hearing, Hawley noted that Oyer recommended that 40 people on death row be given clemency by former President Joe Biden. He ended up granting clemency to 37 death row inmates. Oyer repeatedly said she could not discuss the details of each case, so Hawley ran through the grisly details of the crimes and, at one point, even scolded the witness for her branded merchandise line.
“We have your memo. Your memo of November 4th, 2024 says, and I quote, disparity and undue severity of sentence, which are present in many, if not all of these cases, have been recognized as grounds for clemency,” Hawley said, reading from Oyer’s memo.
Hawley said he was “absolutely amazed” she had even been called to the hearing, and he then ran through some of the people she requested clemency for, including Dylann Roof, who was convicted of killing nine people in a racially motivated shooting at a South Carolina church. Roof was not ultimately granted clemency.
“Here’s his victims. Do you wanna look at them?” Hawley asked Oyer as he pointed to photos of the victims next to him.
He continued:
There they are. Nine of them, at a Bible study, in a church, killed in cold blood. The DOJ knew from day one that he had decided, I’m gonna quote from the prosecutors, decided to attack African Americans because of their race. He further decided to attack African American worshipers in a Black church in order to make his attack more notorious. More notorious. And yet you recommended that he be granted clemency, live at the expense of taxpayers for the rest of his life, substitute your judgment for that of the American judicial system. Do you stand by that recommendation today?
Oyer said she couldn’t discuss the specifics of the recommendations, but assured Hawley that Roof will die in prison.
Hawley said:
Oh, he’s gonna live in prison for a very long time because of you, because of your recommendations. And here’s what you said in your memo of October 30th, 2024. You said that actually, Roof is not a compelling candidate for clemency, but you recommended it anyway. Why? Because he suffered from anxiety, you said, right? He suffered from anxiety! Did it ever occur to you that maybe the families 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? Sir. Do you regret it?
Oyer stood by not making any comments on the record about the cases, while Hawley got more heated. He moved on to Robert Bowers, a man convicted of murdering 11 Jewish worshippers in Pittsburgh. Bowers was also not ultimately given clemency.
The senator also referenced Jorge Avila Torrez, who was given clemency. Torres was convicted of multiple murders, including 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 jury judges the whole lot, and yet you’re here to tell us that you’re somehow a victim? I don’t think so, Ms. Oyer. I think your judgment is astoundingly terrible,” Hawley told Oyer.
He blasted her and accused her of helping to “victimize” families all over again. He also put her on blast for selling merchandise on her website.
“Do you want to excuse the murders? Of Jews in their synagogues. Do you want to excuse the murders of these children? Because that’s what she did, and now she’s online hawking products to try to make money off of it. I see you’ve got your own website where you put your face on baseball caps and mugs, thelawyeroyer.com. You’re trying to make on this? This is unbelievable, Ms. Oyer, and yet you say you’re a victim?” Hawley said.
Oyer was given a minute to respond after dismissing Hawley’s questions as “rhetorical,” which he denied, telling her she simply refused to give any explanations.
She said:
I, under President Biden, just like under President Trump, had a job to do, which was to make recommendations to the president about how to best accomplish their clemency objectives. I put the utmost effort into doing that in a way that was consistent with the interests of the justice system and all of its stakeholders, which includes crime victims, as well as defendants, as well family members, aswell as judges, as well as prosecutors, all criminal justice system stakeholders. The process that I presided over was one that was beyond reproach. What’s happening now with clemency is an absolute disgrace. And I’m sorry that I can’t answer the questions about the specific recommendations in this public setting. But I would be glad to meet with any members of this committee who have concerns privately to discuss to the extent I can what your concerns are.
Hawley threw in one more dig before ending his time, telling Oyer to skip meeting with lawmakers and meet with the victims’ families instead.
“Why don’t you meet with the victims’ families? Here’s the disgrace,” he said.
Watch above via CSPAN.
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