By yourNEWS Media Newsroom
Federal prosecutors investigating former Trump White House aide Cassidy Hutchinson have reportedly encountered a setback in their effort to bring criminal charges over her testimony to the House committee investigating the January 6, 2021, Capitol riot.
A new report claims that a federal grand jury rejected prosecutors’ request to indict Hutchinson, who became a prominent witness during the committee’s televised hearings in 2022. However, independent confirmation of the reported rejection was not available as of Tuesday, Oct. 27.
The Justice Department has been examining whether Hutchinson knowingly provided false information to Congress about President Donald Trump’s conduct surrounding the Capitol riot.
According to an Oct. 8 CBS News investigation, federal prosecutors presented evidence to a Washington grand jury concerning potentially false statements made during Hutchinson’s congressional testimony.
The investigation was being handled by the Justice Department’s Civil Rights Division rather than the U.S. Attorney’s Office for the District of Columbia, an unusual assignment for a case involving potential false statements to Congress.
Hutchinson previously worked as an aide to former White House chief of staff Mark Meadows during Trump’s first administration.
She attracted national attention June 28, 2022, when she testified before the House select committee investigating the Capitol riot.
During that hearing, Hutchinson told lawmakers that Trump had been informed some supporters attending his January 6 rally were carrying weapons but nevertheless wanted them admitted to the event.
She also recounted a conversation in which former White House deputy chief of staff Tony Ornato allegedly described Trump becoming angry after being told he could not travel to the Capitol following his speech near the White House.
According to Hutchinson’s testimony, Ornato told her that Trump attempted to grab the steering wheel of the presidential vehicle and lunged toward a Secret Service agent.
Hutchinson did not claim to have personally witnessed the alleged confrontation inside the vehicle.
Her account subsequently came under scrutiny after the Secret Service driver disputed the description of a physical altercation.
The driver testified that Trump was upset about not being taken to the Capitol but said he did not see the president grab the steering wheel or lunge toward the front of the vehicle.
Republican lawmakers have cited those discrepancies in challenging Hutchinson’s credibility and the January 6 committee’s handling of her testimony.
Reps. Jim Jordan of Ohio and Barry Loudermilk of Georgia referred allegations concerning Hutchinson’s statements to the Justice Department for investigation.
The lawmakers argued that her testimony contained inconsistencies warranting criminal scrutiny.
However, conflicting witness accounts do not automatically establish that a person committed perjury. Prosecutors must establish that a statement was knowingly false and met the other elements of the applicable criminal statute.
An Oct. 9 report by WIRED stated that Justice Department officials had been considering perjury and obstruction-of-justice charges.
The report said investigators were comparing Hutchinson’s congressional testimony with statements she provided during interviews conducted by investigators associated with former Special Counsel Jack Smith.
Prosecutors were also reportedly examining her account of a statement prepared for Trump during the Capitol riot, which former White House attorney Eric Herschmann has disputed.
According to WIRED, some Justice Department officials questioned whether the available evidence would satisfy the legal requirements for a successful prosecution.
The publication also reported that prosecutors might wait until after the November 3 midterm elections before seeking an indictment.
That reporting makes independent confirmation of the newly alleged grand jury rejection particularly important.
A federal grand jury is responsible for determining whether prosecutors have presented sufficient evidence to establish probable cause for criminal charges.
Under federal procedures, at least 12 grand jurors must agree before an indictment can be issued.
If grand jurors decline to indict, prosecutors generally may continue investigating or present additional evidence, subject to applicable legal restrictions.
A refusal to indict does not constitute an acquittal because no criminal trial has occurred.
Grand jury proceedings are ordinarily confidential, and information about unsuccessful indictment requests frequently becomes public through individuals familiar with the investigation rather than official court filings.
Hutchinson has not been publicly charged in connection with the investigation, and the Justice Department has not announced a completed prosecution against her.
The reported development comes amid continuing scrutiny of the administration’s efforts to pursue criminal investigations involving former federal officials and witnesses whose statements have drawn criticism from Trump and congressional Republicans.
Hutchinson has previously defended her congressional testimony and has maintained that she provided investigators with information to the best of her knowledge.
For now, the existence of the federal investigation and the grand jury’s earlier examination of evidence are supported by multiple news reports. The more recent assertion that grand jurors formally rejected an indictment remains unverified, leaving the current status of the charging decision uncertain.
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