WASHINGTON (AP) — Federal prosecutors were unable to obtain a grand jury indictment Tuesday against a former White House aide whose dramatic and contested testimony about President Donald Trump became a central part of the congressional investigation into the Jan. 6, 2021, attack on the U.S. Capitol, according to two individuals familiar with the proceedings.
A Washington grand jury declined to approve criminal charges against Cassidy Hutchinson despite a request from Justice Department prosecutors, the individuals told The Associated Press. Both spoke anonymously because they lacked authorization to discuss the matter publicly. The decision represents another obstacle for the department as it attempts to pursue politically sensitive prosecutions before grand juries in the nation’s capital.
The specific allegations prosecutors intended to bring against Hutchinson were not immediately known. However, Republican members of Congress have previously accused her of providing false testimony under oath during her widely publicized 2022 appearance before the House committee investigating the Capitol attack. Her testimony concerned Trump’s actions on Jan. 6, when supporters of the president entered the Capitol in an effort to disrupt congressional certification of his 2020 election defeat to Democrat Joe Biden.
The attempted prosecution of Hutchinson is part of a broader series of politically contentious Justice Department actions ahead of next week’s midterm elections. Several cases involve individuals perceived as political opponents of Trump, including renewed efforts to prosecute former FBI Director James Comey and a federal search of the residence of Minnesota Democratic Rep. Ilhan Omar, a prominent critic of the president.
Although grand juries generally approve prosecutors’ requests for indictments, Washington residents serving on such panels have rejected several high-profile cases pursued by the Justice Department during Trump’s administration. Earlier this year, another federal grand jury declined to charge Democratic lawmakers over a video encouraging American military personnel to follow established military procedures and refuse orders they considered unlawful.
An attorney representing Hutchinson did not immediately respond to a telephone request for comment Tuesday.
Hutchinson said Trump was angry and defiant on Jan. 6
Hutchinson’s appearance before the congressional investigation attracted considerable attention, particularly because the committee announced the unexpected hearing only 24 hours in advance. Her account was considered especially significant because she had worked closely with senior White House officials as a special assistant to Mark Meadows, who served as Trump’s chief of staff.
During her testimony, Hutchinson portrayed Trump as angry and determined to challenge the election outcome. She alleged that he wanted armed supporters attending a rally that morning to bypass security checks and later attempted to seize the steering wheel of the presidential SUV after Secret Service personnel refused to transport him to the Capitol. She further testified that Trump failed to intervene as the situation at the Capitol became increasingly violent, even while members of the crowd shouted “Hang Mike Pence.”
Trump rejected numerous elements of Hutchinson’s testimony at the time, using his Truth Social platform to dispute her account. He described the former aide as a “total phony” and “bad news.”
Her description of the alleged confrontation inside the presidential vehicle generated particular controversy. However, Hutchinson acknowledged during the hearing that she had not personally witnessed the incident. Instead, she explained that her account was based on information provided by a White House security official who had described what supposedly occurred.
Questions about the accuracy of that account emerged shortly afterward.
In March 2024, House Republicans published a previously unreleased transcript from the select committee’s interview with a Secret Service officer who had driven the presidential vehicle. The driver’s account challenged certain aspects of Hutchinson’s testimony while supporting other details, including Trump’s desire to travel to the Capitol where his supporters had gathered.
According to the driver’s testimony, he did not witness the physical confrontation Hutchinson had described.
He specifically stated that Trump “never grabbed the steering wheel.”
“I didn’t see him, you know, lunge to try to get into the front seat at all,” the driver testified.
Hutchinson has also alleged that individuals within Trump’s closest political circle offered potential employment opportunities and financial support while she was cooperating with congressional investigators. She further testified that her attorney at the time, who had previously served as an ethics lawyer in the Trump White House, advised her that “the less you remember, the better.”
“It feels ridiculous, because in my heart I knew where my loyalties lied, and my loyalties lied with the truth,” Hutchinson told the committee. “And I never wanted to diverge from that.”
The House of Representatives impeached Trump in 2021 over allegations that he incited the violence at the Capitol, although the Senate subsequently acquitted him. Under President Biden, the Justice Department also brought felony charges accusing Trump of unlawfully attempting to reverse his defeat in the 2020 election before the Capitol attack. Special counsel Jack Smith later discontinued the prosecution following Trump’s victory in the 2024 presidential election, consistent with longstanding Justice Department policy prohibiting criminal prosecution of a sitting president.
Originally from Pennington, New Jersey, Hutchinson previously served in the White House Office of Legislative Affairs. Before joining the Trump administration, she completed internships with several Republican lawmakers, including Louisiana Rep. Steve Scalise and Texas Sen. Ted Cruz.