Litigation

I am involved in litigation over DOJ’s unlawful decision to remove me from my career position as the Pardon Attorney. On this page you can find selected filings in these proceedings. Don’t forget to subscribe to make sure you’re the first to be alerted to litigation updates to the trackers:

Elizabeth G. Oyer v. Department of Justice—Unlawful termination suit before MSPB

No. 26-1346 (Fed. Cir. docketed Jan. 15, 2026) || No. DC-0752-25-2372-1-1 (M.S.P.B. filed Apr. 3, 2025)

This is the case appealing my unlawful removal from DOJ. It is an administrative proceeding that was commenced in the first instance before the U.S. Merit Systems Protection Board (or “MSPB”). It was dismissed without prejudice on November 20, 2025. It was appealed to the U.S. Court of Appeals for the Federal Circuit, but the appeal was dismissed to allow the MSPB to reach a decision on the merits, and the case is set to reopen in the MSPB on May 20, 2026. More information about how to access the MSPB docket is available on the MSPB’s website. Some of the filings in the Federal Circuit are available for free on CourtListener’s website. I will post filings of interest here.

Background: My termination letter

Federal Circuit Appeal Docket Entries:

Dkt. No. 18 - Order of Dismissal (Apr. 21, 2026)

Dkt. No. 17 - Reply in Support of Motion for Stay Pending Review (Mar. 25, 2026)

Dkt. No. 16 - Response to Order to Show Cause and Motion to Stay (Mar. 20, 2026)

Dkt. No. 10 - Motion for Emergency Stay Pending Appeal (Feb. 23, 2026)

MSPB Proceeding Docket Entries and Other Documents:

Tab 31 - Initial Decision Dismissing Without Prejudice (Nov. 20, 2025)

Tab 23 - Agency’s Reply to Appellant’s Response to 5-22-25 Order [Tab 20] (Aug. 15, 2025)

Tab 22 - Agency’s Response to Appellant’s Motion for Sanctions or In Alternative to Compel [Tab 21] (Aug. 8, 2025)

Tab 21 - Appellant’s Motion for Sanctions or in the Alternative to Compel (July 29, 2025)

Tab 20 - Agency’s Response to 5-22-25 Order and Summary of Status Conference [Tab 15] (July 17, 2025)

Tab 19 - Appellant’s Response to 5-22-25 Order and Summary of Status Conference [Tab 15] (July 17, 2025)

Agency’s Response to Appellant’s First Set of Discovery Requests (July 9, 2025)

Tab 16 - Order Denying Agency Motion to Consolidate (June 4, 2025)

Tab 15 - Order and Summary of Status Conference (May 22, 2025)

Tab 12 - Status Conference Order for May 22, 2025 (May 1, 2025)

Tab 10 - Case Reassignment Order (Apr. 23, 2025)

Tab 9 - Ms. Oyer’s Response to Agency’s Motion to Consolidate and Stay [Tab 5] (Apr. 23, 2025)

Tab 8 - Notice of OPM Intervention (Apr. 23, 2025)

Tab 7 - OPM Statutory Intervention (Apr. 11, 2025)

Tab 5 - Agency’s Motion to Consolidate and Stay (Apr. 17, 2025)

Tab 1 - Ms. Oyer’s Adverse Action Appeal (Apr. 3, 2025)

Elizabeth G. Oyer v. Department of Justice—FOIA lawsuit pending in the U.S. District Court for the District of Columbia

No. 1:25-cv-1555 (D.D.C. filed May 15, 2025)

This is a case challenging DOJ’s unlawful refusal to produce documents related to the request that I recommend the restoration of gun rights to Mel Gibson and to my unlawful removal from office. Much of the public docket is available for free on Court Listener’s website. I will post filings of interest here.

Docket Entries:

Dkt. No. 25 - Plaintiff’s Reply to Defendant’s Opposition to Her Motion for Summary Judgment (Apr. 6, 2026)

Dkt. No. 24 - Defendant’s Combined Opposition to Plaintiff’s Cross-Motion for Summary Judgment and Reply in Further Support of Motion for Summary Judgment (Mar. 23, 2026)

Dkt. No. 21 - Plaintiff Elizabeth G. Oyer’s Cross-Motion for Summary Judgment and Opposition to Defendant’s Motion for Summary Judgment (Mar. 2, 2026)

21-1: Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Summary Judgment and in Support of Her Cross-Motion for Summary Judgment
21-2: Declaration of Elizabeth G. Oyer
21-3: Exhibit Index
21-4: Exhibit 1 - Mar. 7, 2025 Letter from Deputy AG Todd Blanche: Notice of
Removal from the Senior Executive Office
21-5: Exhibit 2 - Fired Justice Dept. official speaks out about her ouster and Mel
Gibson, Wash. Post
21-6: Exhibit 3 - Page 14 of pages partially released to Plaintiff on Mar. 19, 2025
21-7: Exhibit 4 - Page 17 of pages partially released to Plaintiff on Mar. 19, 2025
21-8: Exhibit 5 - Pages 24 and 25 of pages partially released to Plaintiff on Mar. 19, 2025
21-9: Plaintiff’s Statement of Material Facts Not in Dispute

Dkt. No. 19 - DOJ’s Motion for Summary Judgment (Feb. 9, 2026)

19-1: Statement of Undisputed Material Facts
19-2: Declaration of Teresita B. Mutton
19-3: Declaration of Laurence Brewer
19-4: Declaration of Vanessa R. Brinkman

Dkt. No. 15 - Joint Status Report (Sept. 26, 2025)

Dkt. No. 14 - Joint Status Report (July 28, 2025)

Dkt. No. 13 - Answer (July 7, 2025)

Dkt. No. 1 - Complaint (May 15, 2025)