Former pardon attorney sues DOJ over firing tied to Mel Gibson gun rights case

Former U.S. Pardon Attorney Elizabeth Oyer has sued the Department of Justice and Attorney General Todd Blanche, alleging she was unlawfully fired in March 2025 for refusing to recommend restoring actor Mel Gibson's gun rights. Oyer claims she faced political pressure to favor Gibson, who lost his gun rights after a 2011 domestic violence conviction. Blanche denies the allegations, asserting Oyer was fired over her recommendations to commute federal death row sentences. The lawsuit challenges the administration's use of Article II authority to bypass civil service protections.

Claims

• ▪Elizabeth Oyer is asking the federal court to declare her removal unlawful, reinstate her to federal service, and restore her lost pay and benefits.
• ▪Elizabeth Oyer received an immediate termination letter in March 2025 stating she was being removed pursuant to Article II of the Constitution, without specifying a detailed reason.
• ▪Elizabeth Oyer's lawsuit, filed in the U.S. District Court for the District of Columbia, alleges her firing violated her First Amendment, Fifth Amendment, and Civil Service Reform Act rights.
• ▪In early 2025, Elizabeth Oyer was asked by the staff of then-Deputy Attorney General Todd Blanche to add actor Mel Gibson to a list of recommended individuals for gun rights restoration.
• ▪Following Elizabeth Oyer's dismissal, the Trump administration installed conservative activist Ed Martin as the new U.S. Pardon Attorney.
• ▪A senior official on Todd Blanche's staff called Elizabeth Oyer to urge her to recommend Mel Gibson, citing Gibson's personal relationship with President Donald Trump and using a bullying tone.
• ▪Elizabeth Oyer argues that the administrative delays and jurisdictional limits of the Merit Systems Protection Board allow her to bypass exhausting administrative remedies and sue directly in federal court.
• ▪Actor Mel Gibson lost his gun rights following a 2011 misdemeanor domestic violence conviction.
• ▪Elizabeth Oyer alleges she was fired hours after submitting a memo refusing to recommend restoring actor Mel Gibson's gun rights, which she declined for public safety and vetting reasons.
• ▪Former U.S. Pardon Attorney Elizabeth Oyer filed a lawsuit on September 3, 2026, against the Department of Justice and Attorney General Todd Blanche, challenging her March 2025 termination.
• ▪Elizabeth Oyer's lawsuit argues her removal was invalid because only the Attorney General, who was Pam Bondi at the time, can wield the president's Article II removal authority, whereas her letter was signed by Deputy Attorney General Todd Blanche.
• ▪Elizabeth Oyer testified in opposition to Todd Blanche's nomination, stating his explanation regarding sentence commutations materialized out of thin air and had never been stated to her before.
• ▪An MSPB administrative judge dismissed Elizabeth Oyer's appeal without prejudice on June 2, 2026, forcing her to wait at least six months to refile and leaving her case in prolonged limbo.
• ▪Elizabeth Oyer's termination was part of an early wave of Article II firings at the Justice Department that bypassed Civil Service Reform Act procedures to remove career employees at will.
• ▪The Merit Systems Protection Board issued a decision in March 2026 holding that it lacks jurisdiction in many cases where employees were removed under purported Article II authority.
• ▪Attorney General Todd Blanche testified that Elizabeth Oyer was fired because her recommendations on sentence commutations, including commuting everyone on federal death row, were inconsistent with President Donald Trump's authority.
• ▪Attorney General Todd Blanche denied Elizabeth Oyer's account during his Senate confirmation hearing, stating he had no knowledge of Mel Gibson or the gun rights letter when he fired her.
• ▪The New York Times reported in April 2025 that the Justice Department was set to restore Mel Gibson's gun rights.

5 sources