Elizabeth G. Oyer, a career member of the Senior Executive Service (SES) and U.S. Pardon Attorney, was removed from her position without cause after she raised public safety concerns about restoring firearm ownership to an individual convicted of domestic violence and was perceived to be aligned with a prior administration.
Under federal law, career SES members:
- May only be removed for cause,
- Must receive advance notice and an opportunity to respond, and
- Cannot be removed for political retaliation or discrimination.
The Trump-Vance administration ignored these requirements and removed her anyway — without cause, notice, or due process — violating the Civil Service Reform Act and the U.S. Constitution.
Oyer, represented by Democracy Forward and the Alden Group LLP filed a legal appeal before the Merit Systems Protection Board (MSPB), the independent agency that enforces civil service protections.
After the government moved to dismiss her case, on August 15, 2025, she filed a legal brief opposing the DOJ’s motion.
Her filing argues that the DOJ is making an unprecedented claim that the President and federal agencies can ignore civil service protections altogether.
Oyer asks MSPB to:
- Confirm that career SES members are protected by law,
- Allow her case to move forward on the merits,
- Reject DOJ’s claim of unchecked presidential authority, and
- Ultimately reinstate her and enforce civil service protections.
The case is Elizabeth G. Oyer v. U.S. Department of Justice (before the Merit Systems Protection Board).
Timeline
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We filed the appellant's reply to the MSPB.
