Federal prosecutors were rebuffed in their effort to secure an indictment against former White House aide Cassidy Hutchinson over her testimony related to the Jan. 6, 2021, assault on the U.S. Capitol, according to four sources briefed on the grand jury proceedings.
The Justice Department has not yet responded to a request for comment.
The Washington Post first reported that the grand jury declined to indict Hutchinson.
The Justice Department’s Civil Rights Division has been handling the Hutchinson investigation, CBS News previously reported, and during a hearing on another matter Tuesday, a litigator with the division, Neville Hedley, told U.S. Magistrate Judge Zia Faruqui that the grand jury had not concurred on the proposed indictment. Hedley did not say who the defendant was, but multiple sources confirmed it was Hutchinson.
Hutchinson, who was a top aide to White House chief of staff Mark Meadows, angered President Trump’s allies and his base when she testified in 2022 before the House select committee investigating the 2021 Capitol attack.
In depositions and congressional testimony, Hutchinson said that Mr. Trump and Meadows were warned on Jan. 6 that some of his supporters were carrying weapons to the Capitol, but Mr. Trump said he didn’t care — and he tried to order officials to remove the magnetometers at the rally where he spoke that morning.
She also relayed a story she said had been told to her by then-White House deputy chief of staff Tony Ornato, in which Mr. Trump grew incensed after his lead Secret Service agent would not drive him to the Capitol after the president’s speech to supporters. During that address on the White House Ellipse, he had encouraged them to go to the Capitol, where Congress was confirming the Electoral College results from the 2020 election. He told supporters that “after this, we’re going to walk down, and I’ll be there with you.”
Hutchinson testified that Ornato had told her that in the car, Mr. Trump lunged at the steering wheel. Her account was later contradicted by Mr. Trump’s driver, who in sworn testimony claimed that the president never tried to grab the steering wheel.
CBS News could not determine precisely which parts of Hutchinson’s testimony were being scrutinized by prosecutors. According to media reports, House Republican allies of the president made the referral to the Justice Department.
