A federal grand jury in Washington declined to indict former White House aide Cassidy Hutchinson on Tuesday, rejecting Justice Department prosecutors’ efforts to bring criminal charges related to her testimony about President Donald Trump’s actions during the January 6, 2021, Capitol attack.
Grand Jury Rejects Justice Department Indictment Request
Federal prosecutors suffered a notable setback in Washington on Tuesday when a federal grand jury returned a no bill
on proposed criminal charges against former White House staffer Cassidy Hutchinson, according to sources familiar with the closed-door proceedings. The rejection came after the Justice Department’s Civil Rights Division presented its case to grand jurors in early October.
In the courtroom of U.S. District Court in Washington, D.C., a prosecutor reported a grand jury non-concurrence
to U.S. Magistrate Judge Zia Faruqui. The rejection means a majority of grand jurors failed to reach an agreement to charge Hutchinson.
Neville Hedley, a litigator with the Civil Rights Division, told U.S. Magistrate Judge Zia Faruqui during a hearing on another matter that the grand jury had not concurred on the proposed indictment. The grand jury’s refusal to indict Cassidy Hutchinson does not bar the Justice Department from trying to charge her again. Attorneys for Hutchinson did not immediately reply to requests for comment, and neither did the Justice Department.
Testimony Before the House Select Committee and Subsequent Scrutiny
The aborted prosecution stems from Hutchinson’s high-profile appearances in 2022 before the House select committee investigating the January 6 Capitol attack. Serving as a special assistant to then-White House Chief of Staff Mark Meadows, Hutchinson delivered explosive testimony regarding President Donald Trump’s behavior as a crowd of his supporters marched to the Capitol to halt the congressional certification of his election defeat to Democrat Joe Biden.
Before working in the White House Office of Legislative Affairs and interning for Republicans—such as Rep. Steve Scalise of Louisiana and Sen. Ted Cruz of Texas—Hutchinson grew up in Pennington, New Jersey. While testifying before the House select committee regarding the Jan. 6 attack, she painted a picture of an infuriated and defiant president who attempted to bypass security screenings for armed demonstrators attending that morning’s rally. She also claimed that figures within Trump's inner circle offered financial help and job prospects while she cooperated with the committee. Hutchinson has maintained that she provided truthful testimony.
During those televised hearings, Hutchinson testified that Trump and Meadows had been warned that some supporters carried weapons, and that Trump demanded the removal of magnetometers near his morning rally on the Ellipse. She also recounted a story told to her by then-Deputy Chief of Staff Tony Ornato alleging that Trump grew angry when his lead Secret Service agent refused to drive him to the Capitol after he told the crowd,
after this, we’re going to walk down, and I’ll be there with you.
Donald Trump, via CBS News
Hutchinson alleged that Trump grabbed at the steering wheel of the presidential SUV when denied. That specific account faced immediate pushback; the presidential driver later testified that Trump never grabbed the steering wheel.
Republicans Refer Hutchinson to Justice Department for Prosecution
Republican lawmakers had aggressively accused Hutchinson of lying under oath, referring her case to the Justice Department for prosecution after former President Trump repeatedly labeled her a dishonest scam artist
and a total phony.
While specific prosecutorial allegations against Hutchinson remained unclear following the grand jury’s decision, her case unfolded alongside several other federal investigations targeting perceived political adversaries of the administration.
Federal prosecutors have recently faced similar hurdles in Washington grand juries when pursuing politically sensitive cases. The Justice Department has also investigated figures such as former FBI Director James Comey, New York Attorney General Letitia James, former CIA Director John Brennan, and Sen. Adam Schiff, D-Calif. Although the grand jury refused to return an indictment against Hutchinson, legal experts note that the decision does not bar the Justice Department from attempting to bring charges against her again in the future.
The absence of an indictment marks the most recent occurrence in a series of similar refusals regarding Justice Department proceedings directed at individuals labeled by Trump as political foes. Longstanding Justice Department policy says sitting presidents cannot face criminal prosecution. Prosecutors sought to indict former White House aide Cassidy Hutchinson, who had testified about Trump regarding the Jan. 6, 2021, attack on the Capitol.