Federal prosecutors are considering a perjury and obstruction-of-justice case against Cassidy Hutchinson, who testified about President Donald Trump's involvement in the January 6 Capitol riot, according to two sources familiar with the matter. The Justice Department's efforts indicate a move towards legal action against Hutchinson, a former aide to ex-Trump White House chief of staff Mark Meadows, but an indictment is not expected until after the midterm elections.
Hutchinson was a key witness during the committee investigation into the riot, stating that Trump encouraged his supporters to march to the Capitol despite knowing many were armed. She has given several interviews in addition to her public testimony, including an account of Trump allegedly lunging at a Secret Service agent when told he could not join his supporters.
In recent months, prosecutors have noted that former special counsel Jack Smith did not corroborate much of Hutchinson's testimony, and the Secret Service has denied any altercation in the presidential limo. Prosecutors are comparing transcripts of Hutchinson's interviews with her testimony to Smith's team to build a case based on discrepancies in her accounts.
Additionally, prosecutors are examining Hutchinson's claim that she wrote a statement on a notecard for Trump during the Capitol riot, a claim disputed by former Trump White House counsel Eric Herschmann, who asserts he wrote the note.
It remains unclear whether the DOJ will pursue both perjury and obstruction charges, which have been under consideration for several months. The Justice Department did not respond to a request for comment, and Hutchinson and her lawyer have not responded to inquiries.
Hutchinson, now 29, has maintained a low profile since publishing her memoir, "Enough," in 2023. Punchbowl News first reported on the DOJ's interest in charging Hutchinson.
The grand jury investigation reflects the DOJ's ongoing pursuit of criminal cases against individuals perceived as political adversaries of Trump. Some officials within the DOJ have expressed skepticism about the viability of a criminal case against Hutchinson, given the high burden of proof required for perjury charges. To establish that Hutchinson lied to Congress, prosecutors must demonstrate beyond a reasonable doubt that she knowingly lied and that her statements materially affected the investigation, according to former US attorney Joyce Vance.
The investigation into Hutchinson gained momentum following a criminal referral from Representative Barry Loudermilk, a Georgia Republican critical of the January 6 committee. Loudermilk had sought to depose Hutchinson but was blocked by House Speaker Mike Johnson, who was concerned about potentially damaging texts between lawmakers and Hutchinson.
In an unusual move, the referral was assigned to the Civil Rights Division of the DOJ, rather than the US Attorney for the District of Columbia or the Criminal Division, which typically handle public corruption cases. The Civil Rights Division, led by Harmeet Dhillon, a Trump supporter, is generally tasked with cases related to civil rights violations.