Federal grand jury rejects DOJ bid to indict former White House aide Cassidy Hutchinson over January 6 testimony

A federal grand jury in Washington, D.C. on Tuesday rejected a DOJ request to indict former White House aide Cassidy Hutchinson over her January 6 committee testimony implicating Donald Trump in the Capitol attack.

The case relates to Hutchinson’s June 2022 testimony before the House Select Committee about Trump’s conduct on January 6, 2021, when a mob of his supporters stormed the U.S. Capitol and delayed the congressional certification of Joe Biden’s electoral victory. It is extremely rare for a grand jury to refuse to indict when prosecutors present evidence of alleged crimes. Since Trump returned to the White House in January 2025, federal prosecutors in Washington have several times failed to obtain a grand jury indictment they sought.

Prosecutors in the DOJ’s Civil Rights Division sought to charge Hutchinson with making false statements, according to two people with knowledge of the case. Senior DOJ lawyer Neville Hedley, without naming Hutchinson, told Magistrate Judge Zia Faruqui that the grand jury had rejected a requested indictment. The Washington Post first reported the grand jury’s rejection. The information came from people familiar with the matter who spoke on condition of anonymity.

What Hutchinson told the committee

Hutchinson was a special assistant to Mark Meadows, Trump’s chief of staff, and her proximity to power gave her account particular weight. The hearing was a surprise announced just 24 hours earlier. She described Trump as angry and defiant on January 6, testifying that he tried to let armed protesters avoid security screenings at a rally that morning and that he declined to intervene when the crowd chanted “Hang Mike Pence.” She also relayed a second-hand account from Tony Ornato, a then-White House official, about Trump’s behavior in the presidential vehicle. According to Ornato’s account as Hutchinson testified it, Trump said something like “I’m the effing president, take me up to the Capitol now.” When Robert Engel, head of Trump’s security detail, refused to drive to the Capitol, Trump reached toward the steering wheel and Engel grabbed his arm. Hutchinson testified that Ornato told her Trump then used his free hand to lunge toward Engel.

A pattern of grand jury pushback

In recent weeks, prosecutors filed separate criminal cases against former FBI Director James Comey and two former FBI officials using charging documents other than grand jury indictments. In both cases the alleged conduct occurred years earlier, when prosecutors would typically seek a grand jury indictment. The Hutchinson rejection adds to a series of setbacks for Washington prosecutors under the current administration.

Political firestorm over the testimony

Trump denied much of Hutchinson’s testimony on Truth Social, calling her a “total phony” and “bad news.” Republican lawmakers accused Hutchinson of lying under oath. Hutchinson alleged that members of Trump’s inner circle dangled job opportunities and financial assistance while she was cooperating with the committee. Hutchinson testified that her own lawyer, a former ethics counsel in the Trump White House, told her, “The less you remember, the better.”

Hutchinson is a native of Pennington, New Jersey. She previously worked in the White House office of legislative affairs and interned for Rep. Steve Scalise of Louisiana and Sen. Ted Cruz of Texas.