Grand Jury Declines DOJ Request to Indict Cassidy Hutchinson Over Jan. 6 Testimony

A federal grand jury in Washington, D.C., has declined to indict Cassidy Hutchinson, a former aide to ex-White House Chief of Staff Mark Meadows, despite a Department of Justice effort to bring charges related to her testimony about former President Donald Trump's actions on January 6, 2021. This development was reported on Tuesday by The Washington Post and later confirmed by MSNBC.

Hutchinson became a key witness for the House Select Committee investigating the Capitol riot, during which a mob of Trump supporters stormed the U.S. Capitol, disrupting the certification of President Joe Biden's 2020 election victory. She provided detailed accounts of the events surrounding the attack and Trump's behavior that day.

The DOJ's Civil Rights Division sought to criminally charge Hutchinson with making false statements during her congressional testimony, according to sources familiar with the case. However, senior DOJ attorney Neville Hedley informed Magistrate Judge Zia Faruqui in open court that the grand jury rejected the indictment request. Notably, Hutchinson was not officially named as a target during this proceeding.

It is unusual for grand juries to refuse indictments when prosecutors present evidence of alleged crimes. Still, since former President Trump resumed office in January 2025, federal prosecutors in Washington have encountered several setbacks in securing grand jury indictments they pursued.

In recent weeks, prosecutors have filed criminal charges in the U.S. District Court for the District of Columbia against former FBI Director James Comey and two former FBI officials. However, these charges were brought via "information" filings rather than grand jury indictments, despite the alleged misconduct dating back several years. Typically, grand jury indictments are the standard procedure in such cases.

Comey was charged on October 5 with unlawfully retaining or sharing national defense information with unauthorized individuals. His attorneys argue the DOJ used this charging method to circumvent the statute of limitations, which expires on that same date. They have asked a judge to dismiss the case on those grounds.

Back in June 2022, Hutchinson testified before the House Select Committee investigating the Capitol attack. She described a tense moment on January 6 involving Trump, his security team, and White House officials. According to Hutchinson, after Trump spoke at a rally near the White House, Tony Ornato, a White House official, told her about a confrontation in the presidential limousine known as "The Beast."

Ornato relayed that Trump believed he was going to the Capitol, as indicated by Chief of Staff Mark Meadows. When Robert Engel, the head of Trump's security detail, refused to take the president to the Capitol citing safety concerns, Trump reportedly reacted angrily. Hutchinson recounted that Trump said, "I'm the effing president, take me up to the Capitol now," and became irate.

When Engel again declined to drive to the Capitol, Trump allegedly tried to grab the steering wheel. Engel restrained him, telling Trump to remove his hand and that they would return to the West Wing. Hutchinson said Trump then lunged toward Engel with his other hand, according to Ornato's account.

This testimony was a significant part of the congressional investigation into the events leading up to and during the January 6 Capitol riot. Hutchinson's detailed statements shed light on the internal White House dynamics and Trump's conduct during the crisis.

The DOJ's recent attempt to indict Hutchinson on charges of false statements illustrates the ongoing legal complexities surrounding January 6 and related investigations. The grand jury's refusal to indict her indicates that prosecutors may face challenges in pursuing certain cases connected to that day.

As investigations and legal actions related to January 6 continue, developments like this highlight the intricate balance between congressional inquiries, federal prosecutions, and the standards required to bring criminal charges. Hutchinson's role as a witness remains a focal point in understanding the Capitol attack and responses within the Trump administration.