WASHINGTON, D.C.—Elizabeth G. Oyer, the former U.S. pardon attorney who sued the Department of Justice last year for unlawfully withholding records related to her abrupt dismissal, today asked a federal court to reject DOJ’s motion for summary judgment and instead to order full compliance with federal transparency laws. Ms. Oyer is represented by Democracy Defenders Fund and Jeffrey S. Gutman, PLLC.

The new filing with the U.S. District Court for the District of Columbia argues that the DOJ conducted a deeply flawed and unreasonably narrow search for records surrounding Ms. Oyer’s March 2025 termination. It asks the court to deny DOJ's motion, grant Ms. Oyer’s cross-motion for summary judgment, order a new search for responsive records, and compel the release of documents improperly withheld.

Deputy Attorney General Todd Blanche fired Ms. Oyer on March 7 after she declined to recommend restoring firearm rights to actor Mel Gibson without a standard background investigation. Gibson is a friend of President Trump, who appointed him "special envoy to Hollywood."

The DOJ claims that no records exist concerning Ms. Oyer's firing beyond a single one-page notice signed by Blanche. The filing calls that assertion implausible, noting that federal law requires documentation and procedural safeguards when removing a career senior executive service official.

“I took an oath to uphold the law, not to do political favors,” Ms. Oyer said. “The public has a right to see what really happened and how far the DOJ will go to hide the truth."

"Ms. Oyer was fired for upholding the law and doing her job,” said Joshua Kolb, manager of rapid legal response at Democracy Defenders Fund. “Her request for records promises to shed light on the chilling termination of a career civil servant for refusing a demand by those with political power. It’s exactly the type of case the Freedom of Information Act was designed for. Yet the Department of Justice conducted inadequate and unreasonable records searches that turned up no documents. That’s not what the law requires and Ms. Oyer is not deterred. The Department’s treatment of Ms. Oyer, and the handling of her FOIA request, reflects a deeper, disturbing pattern with Trump's DOJ: Protect your allies and attack your perceived enemies.”

The brief challenges DOJ's reliance on sweeping FOIA exemptions to conceal communications about the Gibson matter. It states that materials submitted by private counsel and factual background records cannot be shielded as internal government deliberations and the public has a right to understand whether political pressure influenced official action.

Read the brief HERE.

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Democracy Defenders Fund brings together a nonpartisan team to work with national, state, and local allies across the country to defend in real-time the foundations of our democracy.