Former Trump White House aide Cassidy Hutchinson has confirmed her involvement in a Department of Justice (DOJ) criminal investigation, as per a recent federal court document. The information surfaced in a September 24 court order where Hutchinson opposed a subpoena from the BBC. The broadcaster sought her testimony under oath, linked to a defamation lawsuit filed by President Donald Trump against the BBC.
The court order highlighted Hutchinson’s statement regarding the DOJ investigation and her intention to exercise her Fifth Amendment right if forced to testify. Efforts to obtain comments from Hutchinson’s legal representative through Newsweek have been made.
DOJ Probes Hutchinson
Details about the DOJ’s investigation into Hutchinson remain unspecified in the court filing. However, the New York Times reported in April that the investigation followed her congressional testimony related to Trump’s knowledge and actions regarding the January 6, 2021, Capitol riot. Allegations from a Trump-aligned Congress member about Hutchinson lying during her testimony reportedly initiated this inquiry. Her remarks attracted significant criticism from Trump and his allies.
As an aide to Mark Meadows, Trump’s White House chief of staff, Hutchinson delivered notable testimony to the House January 6 committee in June 2022. Her testimony highlighted Trump’s alleged indifferent reaction to armed supporters at the Capitol, stating they were “not here to hurt me.” Additionally, she described an incident where an agitated Trump allegedly attempted to seize his limousine’s steering wheel following the Secret Service’s refusal to take him to the Capitol. This account was later contradicted by the testimony of Trump’s driver.
The investigation into Hutchinson appears as part of a larger effort by the Trump administration to challenge perceived political adversaries via the DOJ, including figures like former FBI Director James Comey and New York Attorney General Letitia James.
Judge Cautions BBC Against ‘Fishing Expedition’
U.S. District Judge Jeffrey Kuntz dismissed the BBC’s subpoena targeting Hutchinson’s deposition in the September 24 order. He recognized her as “currently the subject of a criminal investigation” by the DOJ. The judge referred to the DOJ investigation as a reason for Hutchinson to avoid deposition, citing her extensive 30 hours of sworn congressional testimony.
Hutchinson’s lawyers argued against the subpoena, asserting that the BBC sought to explore issues beyond the core of Trump’s defamation case. This stance was previously taken by Trump’s legal team. Judge Kuntz agreed, stating the BBC should not convert the lawsuit’s discovery into a “fishing expedition,” suggesting her existing testimony might be irrelevant to the suit’s narrow focus.
The BBC posited that Hutchinson’s testimony might clarify Trump’s mindset and that of his advisors on January 6, in their defense against Trump’s claim of misleading portrayal in the documentary. Despite this, the judge left open the option for the BBC to request another subpoena for Hutchinson should circumstances change, demanding a detailed explanation of any such changes.