WASHINGTON — A federal grand jury in Washington, D.C., declined Tuesday to indict former White House aide Cassidy Hutchinson over her testimony concerning the Jan. 6, 2021, attack on the U.S. Capitol, rejecting an effort by federal prosecutors to pursue criminal charges against a prominent witness in the congressional investigation, according to reporting from The New York Times.
The decision represents a setback for the Justice Department, which had investigated whether Hutchinson made false statements during her testimony before the House committee investigating President Donald Trump’s efforts to overturn the 2020 presidential election.
Hutchinson, a former aide to White House chief of staff Mark Meadows, became a prominent witness after testifying publicly under oath in June 2022 about events inside the White House before and during the Capitol attack.
According to the official transcript of her June 28, 2022, testimony, Hutchinson described warnings that some Trump supporters were armed and recounted conversations among White House officials about Trump’s desire to travel to the Capitol following his speech near the White House.
Among the most disputed portions of her testimony was an account of an alleged confrontation involving Trump and members of his Secret Service detail inside the presidential vehicle.
Hutchinson testified that former White House deputy chief of staff Tony Ornato told her Trump became angry when informed he could not travel to the Capitol and allegedly reached toward the steering wheel before lunging toward Secret Service agent Robert Engel.
Hutchinson did not claim to have witnessed the confrontation herself. Her account was based on what she said Ornato told her, and Engel subsequently disputed the allegation that Trump attempted to take control of the vehicle.
The House committee’s final report, released in December 2022, documented Hutchinson’s testimony alongside other evidence gathered during its investigation.
Congressional Republicans later challenged portions of Hutchinson’s account and referred her for potential criminal prosecution, alleging that her testimony warranted investigation.
An October report by The Washington Post described the Justice Department’s investigation into Hutchinson, while subsequent reporting from CBS News detailed prosecutors’ efforts to obtain an indictment.
According to The New York Times, prosecutors examined possible charges involving false statements, perjury, obstruction and civil rights violations, although the precise charges presented to the grand jury were not publicly disclosed.
The investigation was overseen by the Justice Department’s Civil Rights Division rather than the U.S. Attorney’s Office for the District of Columbia, an unusual arrangement for a criminal investigation involving alleged false statements to congressional investigators.
The grand jury ultimately declined to return an indictment, preventing prosecutors from moving forward with criminal charges through that presentation of evidence.
Under federal law, grand juries determine whether sufficient evidence establishes probable cause to support criminal charges. That standard is substantially lower than the proof beyond a reasonable doubt required to secure a conviction at trial.
The Justice Department’s Justice Manual outlines the procedures governing federal grand jury investigations, including the presentation of evidence and consideration of proposed indictments.
A grand jury’s refusal to indict does not constitute an acquittal or necessarily establish that the subject of an investigation committed no wrongdoing. Prosecutors may, under appropriate circumstances, continue investigating or seek an indictment based on additional evidence.
Nevertheless, the decision raises questions about the strength of the government’s case against Hutchinson, particularly given the relatively low evidentiary threshold required to obtain an indictment.
The investigation also drew attention because it targeted a witness whose testimony had been central to the congressional examination of Trump’s conduct surrounding Jan. 6.
Hutchinson has maintained that her testimony was truthful, while congressional Republicans have questioned aspects of her account.
The evidence presented to the grand jury has not been publicly disclosed, and its reasons for declining to indict remain unknown.
It is also unclear whether the Justice Department intends to continue investigating Hutchinson or pursue additional charges.
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