Former White House aide Cassidy Hutchinson is under investigation by the Department of Justice (DOJ). This information emerged in a federal court order dated September 24, related to Hutchinson’s challenge against a BBC subpoena. The subpoena aimed to have her testify under oath in connection with President Donald Trump’s defamation lawsuit against the broadcaster.
The court order reveals that Hutchinson has acknowledged the DOJ’s investigation and plans to invoke her Fifth Amendment right if forced to testify. Newsweek reached out to Hutchinson’s attorney for remarks on the situation.
Details of the Investigation
The court filing does not detail the focus of the DOJ’s investigation into Hutchinson. However, in April, The New York Times reported that the investigation followed Hutchinson’s congressional testimony regarding Trump’s conduct and awareness surrounding the January 6, 2021, Capitol riot. An ally of Trump in Congress accused Hutchinson of perjury, prompting the investigation. Her testimony received significant criticism from Trump and his affiliates.
During Trump’s first term, Hutchinson served as an aide to Mark Meadows, the White House Chief of Staff. She delivered substantial testimony to the House January 6 committee in June 2022. Her testimony covered incidents where Trump appeared indifferent to reports of armed supporters, allegedly saying they were “not here to hurt me.” Additionally, Hutchinson recounted an event where Trump tried to seize the steering wheel of his limousine when his Secret Service detail refused to take him to the Capitol. This was later contested by Trump’s driver in separate testimony.
The investigation into Hutchinson is viewed as part of a broader trend by the Trump administration targeting political opponents through DOJ actions, including inquiries involving former FBI Director James Comey and New York Attorney General Letitia James.
Judge’s Decision on BBC Subpoena
U.S. District Judge Jeffrey Kuntz dismissed the BBC’s subpoena for Hutchinson’s testimony, identifying her as “presently the subject of a criminal investigation” by the DOJ. The judge cited the ongoing investigation and Hutchinson’s 30-plus hours of sworn congressional testimony as reasons to reject the deposition. Her legal team also argued that the BBC was attempting to explore issues beyond the specific scope of Trump’s defamation lawsuit, a stance similarly held by Trump’s legal representatives.
Judge Kuntz concurred, stating the BBC should not transform this lawsuit’s discovery process into an extensive investigative effort. He mentioned that Hutchinson’s already provided testimony seemed mostly unrelated to the lawsuit’s core matter concerning the BBC documentary’s portrayal of Trump’s statements made over 55 minutes apart.
While the BBC contended that Hutchinson’s input might clarify the mindset of Trump and his top aides on January 6, necessary for the broadcaster’s defense, the judge left room for the potential of a future subpoena. Any new attempt would require a thorough explanation of changes since the latest ruling.
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