Grand Jury Refuses To Indict Cassidy Hutchinson Over Her Jan. 6 Testimony

A federal grand jury in Washington, D.C., has declined to indict former Trump White House aide Cassidy Hutchinson, ending - for now - a Justice Department effort to charge her with lying to the House Jan. 6 committee, according to two sources who spoke to Fox News. The attempt failed on Tuesday.

The outcome surfaced in court. In a brief appearance, a Justice Department attorney told a judge the grand jury had returned a "non-concurrence," meaning the panel rejected the indictment prosecutors sought. The prosecutor did not name a defendant, but sources familiar with the matter confirmed he was referring to Hutchinson.

The case was brought by the department's Civil Rights Division, and the grand jury, which typically has 16 to 23 members, "rejected the effort," a source told the Washington Examiner.

Hutchinson, an aide to then-chief of staff Mark Meadows, testified to the committee on June 28, 2022. The charge would have rested on her televised account, which she attributed to another White House official, of Trump's reaction after being told he could not travel to the Capitol, including an alleged confrontation inside the presidential vehicle. Others familiar with the events have disputed that account.

Grand juries almost never refuse an indictment, because prosecutors need only show probable cause. CNN reports some inside the department believed there was not enough evidence for a viable criminal case, and that her potential prosecution had become a point of friction between lawmakers and department employees.

The grand jury had been hearing evidence since early October. Fox reported on Oct. 8 that jurors were examining possible false statements to the committee, that more evidence could come the following week, and that no final decision had been made. The Justice Department and her attorney did not respond to that report's requests for comment.

The decision settles nothing about whether her testimony was true. Fox notes the grand jury's decision "does not establish whether her congressional testimony was truthful or false," and that Hutchinson has previously said she stands by what she told the committee. No statement from Hutchinson, the Justice Department or the committee was reported in response to the decision.

It also remains unclear whether prosecutors will try again with the same grand jury or another, or let the matter drop. Fox said it asked the Justice Department and the offices of Reps. Barry Loudermilk and Bennie Thompson for comment and had no response.