Federal prosecutors consider charges against Cassidy Hutchinson over Capitol riot testimony

Federal prosecutors are considering perjury and obstruction-of-justice charges against Cassidy Hutchinson, who implicated former President Donald Trump in the January 6 Capitol riot during her testimony four years ago.

According to two sources familiar with the matter, the Justice Department is weighing its options against Hutchinson, a former aide to ex-Trump White House chief of staff Mark Meadows. This move suggests that the department intends to proceed with charges against her, although prosecutors are not expected to ask a federal grand jury in Washington to return an indictment until after the midterm elections.

Hutchinson's testimony was pivotal as she recounted how Trump encouraged his supporters to march to the Capitol despite knowing many were armed. Her account included details about Trump's behavior on January 6, including allegations that he lunged at one of his Secret Service agents after being told he could not join his supporters at the Capitol.

Hutchinson sat for several interviews in addition to her public testimony, providing a more detailed picture of events surrounding the riot. However, prosecutors have raised questions about the accuracy of her account by comparing it to transcripts from other interviews and her testimony before former special counsel Jack Smith's team.

Prosecutors are focusing on discrepancies between Hutchinson's statements over time, including differences between what she told the committee and what was corroborated by others. They are trying to construct a case based on how her testimony has changed, with particular attention given to the Secret Service's denial of any altercation in the presidential limo.

Hutchinson's claim about writing a statement for Trump during the Capitol riot has been disputed by Eric Herschmann, who served as White House counsel at the time. According to Herschmann, he was the one who wrote the note in question. This discrepancy raises questions about Hutchinson's testimony and whether she intentionally provided false information.

Prosecutors are weighing their options carefully before deciding on a course of action. While perjury charges have been considered for several months, it is unclear at this point whether they will ultimately pursue both perjury and obstruction charges. The Justice Department has declined to comment on the matter.

Hutchinson's low profile since publishing her memoir, Enough, in 2023 may be an attempt to avoid drawing attention to herself as prosecutors examine her testimony. Despite the interest shown by Punchbowl News, Hutchinson and her lawyer have not responded to requests for comment.

The grand jury investigation into Hutchinson is part of a larger trend of the Justice Department targeting Trump's perceived enemies with criminal charges. This development has sparked concern among some officials that the department may be overstepping its authority in pursuit of these cases.

A referral from Representative Barry Loudermilk, a Georgia Republican and vocal critic of the January 6 committee investigation, has elevated the scrutiny of Cassidy Hutchinson to a priority case for the Department of Justice (DOJ). This development follows a separate attempt by Loudermilk to depose Hutchinson in connection with an unrelated matter. However, his efforts were thwarted when House speaker Mike Johnson intervened, citing concerns that such testimony could reveal compromising information about Hutchinson's interactions with lawmakers.

The unusual referral has been assigned to the DOJ's Civil Rights Division, rather than the more conventional US Attorney for the District of Columbia or the Criminal Division, which typically handles public corruption cases. According to internal guidelines, the Civil Rights Division is only supposed to take on cases that involve a clear nexus to civil rights violations. This departure from standard procedure has raised eyebrows among some officials.

The lead role in this inquiry will be played by Harmeet Dhillon, who heads the Civil Rights Division and has been a vocal supporter of the Trump administration's prosecutorial agenda throughout her tenure.