Former Trump White House aide Cassidy Hutchinson has disclosed that she is the subject of a Department of Justice (DOJ) criminal investigation. This admission is highlighted in a recent federal court filing dated September 24, which discusses Hutchinson’s resistance to a subpoena from the BBC. The BBC sought her testimony under oath concerning President Donald Trump’s defamation lawsuit against the broadcaster.
The court order reveals Hutchinson’s assertion that the DOJ’s investigation into her is underway, and she plans to invoke her Fifth Amendment right should she be required to testify. Attempts to gain further comments from Hutchinson’s attorney were made by Newsweek through email.
DOJ’s Investigation of Hutchinson
While the court filing does not specify the details of the DOJ investigation concerning Hutchinson, the New York Times reported in April that the probe followed her congressional testimony about Trump’s knowledge and actions related to the January 6, 2021, Capitol riot. Allegations of lying during her testimony were made by a Trump ally in Congress, escalating scrutiny from Trump and his supporters.
Hutchinson, previously an aide to Trump’s White House chief of staff, Mark Meadows, offered notable testimony to the House January 6 committee in June 2022. Her account included Trump’s apparent indifference to the fact that some of his supporters were armed, expressing that they were not there to harm him. Hutchinson also detailed an incident where Trump allegedly attempted to seize the limousine steering wheel when his Secret Service detail refused to escort him to the Capitol. This particular story was later contested by a Secret Service agent.
The investigation into Hutchinson forms part of a wider initiative by the Trump administration to challenge perceived political adversaries via the DOJ, including actions against figures such as former FBI Director James Comey and New York Attorney General Letitia James.
Judge Cautions Against Unwarranted Search
U.S. District Judge Jeffrey Kuntz annulled the BBC’s subpoena for Hutchinson’s deposition, labeling her as “currently the subject of a criminal investigation” by the DOJ. The judge acknowledged that this investigation is a valid reason for Hutchinson to avoid deposition, also noting her previous contribution of over 30 hours of sworn testimony to Congress.
Hutchinson’s legal team contended that the BBC’s approach exceeded the specific issues central to Trump’s defamation lawsuit, a viewpoint similarly advocated by Trump’s legal representatives. Judge Kuntz supported this notion, cautioning the BBC not to transform the lawsuit’s discovery phase into an unjustified or exploratory search.
The judge pointed out that Hutchinson’s previous testimony is accessible and appears largely irrelevant to the specific matter at hand, centered around the BBC documentary’s modification of Trump’s statements made more than 55 minutes apart.
The BBC maintains that Hutchinson’s testimony could reveal insights into Trump’s and his advisers’ intentions on January 6, aiding in its defense against claims of the documentary portraying Trump as inciting the Capitol riot. However, the judge left room for the BBC to potentially renew its subpoena for Hutchinson if circumstances change, provided an exhaustive explanation of developments since the original ruling accompanies such a request.