Justice Department seeks federal indictment against former Trump aide Cassidy Hutchinson. Then a D.C. grand jury rejects the attempt: ‘Not concurred’

Federal prosecutors in Washington, D.C., asked a grand jury to approve charges against former White House aide Cassidy Hutchinson, but the panel turned the request down on Tuesday, according to Mediaite.

Neville S. Hedley, who serves as acting senior litigation counsel in the Justice Department’s Civil Rights Division, informed U.S. Magistrate Judge Zia M. Faruqui that the grand jury had “not concurred” on the proposed indictment. Hedley left the defendant’s name unstated during the hearing. People familiar with the case later confirmed he meant Hutchinson.

President Donald Trump had publicly urged the department to pursue Hutchinson. He and his supporters have claimed she gave “false and damaging testimony about what Trump said and did as his supporters stormed the Capitol” on January 6, 2021.

Prosecutors presented evidence on alleged false statements to Congress

Grand juries almost never reject an indictment. They only have to find probable cause, a standard that requires far less proof than a trial. The Washington Post described the D.C. panel’s decision as highly unusual for that reason. A similar grand jury defeat led a judge to block Comey evidence.

The same outlet noted that the current Justice Department has faced repeated pushback from grand juries and judges when it has sought charges against people viewed as opponents of Trump. In February, a separate D.C. grand jury declined to indict six Democratic lawmakers for comments they made to military personnel. A federal judge also dismissed cases against Comey and James, ruling that prosecutor Lindsey Halligan was illegally appointed.

Laura Weiss of Punchbowl News reported earlier this month that the department had started building a case. “News: DOJ is seeking a federal criminal indictment of former WH aide Cassidy Hutchinson on charges of lying to Congress in her Jan. 6 testimony,” she posted on X.

Weiss said the Civil Rights Division delivered evidence to the grand jury on Tuesday. Sources told her more witnesses and material were expected later in the month. Hutchinson herself has not received a subpoena to testify, according to those same sources.

Hutchinson previously worked for then-White House chief of staff Mark Meadows. She later appeared before the House January 6 Committee and described events inside the White House on the day the Capitol was attacked.