WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today questioned witnesses during a bicameral spotlight hearing entitled “Restoring Accountability: Exposing Trump’s Attacks on the Rule of Law.” Today’s spotlight hearing was led by U.S. Senator Adam Schiff (D-CA), a member of the Senate Judiciary Committee, and U.S. Representative Jamie Raskin (D-MD), Ranking Member of the House Committee on the Judiciary.
Durbin began by asking Liz Oyer, the former head of the Justice Department’s Office of the Pardon Attorney who was fired for refusing to give actor and Trump “Special Ambassador” Mel Gibson special treatment to own a firearm despite a domestic violence conviction, about President Trump granting “full, complete and unconditional” pardons to every person convicted of offenses related to the deadly insurrection at the U.S. Capitol on January 6, 2021.
“It is my understanding that there are guidelines to be considered with pardon petitions. And among those guidelines, there is a requirement that they be granted in part based on ‘the petitioner’s demonstrated good conduct for a substantial period of time after conviction and service of sentence,’ and that, ‘[a] petitioner should be genuinely desirous of forgiveness rather than vindication,’” Durbin said. “I have taken a look at some of those who were given these pardons and gone through what they have done even in the few weeks since that happened. It is outrageous, some of the conduct that has been well documented. My question to you as a Pardon Attorney at the time, were you consulted on the pardons of the January 6 rioters?”
Ms. Oyer responded, “I was not consulted. No member of my office was consulted about those pardons.”
Durbin then asked, “What would have happened to the pardon requests for January 6 offenders had the normal DOJ pardon process been followed?”
Ms. Oyer responded, “Had any of those individuals applied for a pardon… they would have been vetted on an individual basis and the office would have formed a recommendation on the individual applicants, which would have been provided to the President.”
Ms. Oyer also noted that there are many Americans who are serving incredibly lengthy sentences under outdated mandatory minimum sentencing laws who are seeking reductions of their sentence, as well as individuals who have demonstrated rehabilitation over the course of decades in prison, and potential pardons or grants of clemency for all of those people are currently on hold.
“The only people being considered for clemency were people who had some sort of inside access, inside track to the White House and could get their cases in front of the President without going through the ordinary process. And that is very concerning, and it causes real reason to lose confidence in the clemency process and real damage to our system of justice,” Ms. Oyer said.
Durbin concluded, “Last week, our New Jersey colleague showed strength, resolve, and courage, to stand for more than 25 hours to speak for fairness and justice. He made history. This hearing continues in that spirit. Thank you, all, for your courage in attending.”
Video of Durbin’s questions in the hearing is available here.
Audio of Durbin’s questions in the hearing is available here.
Last month, Durbin twice asked for unanimous consent (UC) to pass a resolution that simply affirms that the Constitution vests the judicial power in the federal courts and that both the Constitution and established precedent require the executive branch to comply with all federal court rulings. Senate Republicans objected to both of Durbin’s UC requests.
At today’s spotlight hearing, members of the Senate and House of Representatives heard firsthand testimony from Ryan Crosswell, a former Department of Justice (DOJ) Trial Attorney in the Public Integrity Section who resigned after the Trump DOJ pressured career prosecutors to drop the corruption case against New York Mayor Eric Adams in a shocking quid pro quo deal and cover-up; Liz Oyer, a former DOJ Pardon Attorney who was fired for refusing to give actor and Trump “Special Ambassador” Mel Gibson special treatment to own a firearm despite a domestic violence conviction; and Rachel Cohen, a former Associate at the law firm Skadden, Arps, Slate, Meagher & Flom LLP, who resigned in protest following a string of Trump Executive Orders targeting law firms for taking on clients or cases that Trump dislikes.
Members also heard testimony from Stacey Young, an 18-year veteran of the DOJ Civil Rights Division who launched the organization, Justice Connection, to help DOJ employees who resigned or were fired with doxing support, employment assistance following firings, legal assistance, and more.
-30-