Republicans on Capitol Hill are asking the Justice Department to consider bringing criminal charges against Cassidy Hutchinson, a former aide in President Donald Trump’s first administration who became a star congressional witness about the January 6, 2021, Capitol riot, according to two sources familiar with recent developments.
GOP Rep. Barry Loudermilk made a criminal referral of Hutchinson to the Justice Department in recent days, the sources said. He accused Hutchinson of lying to Congress in her summer 2022 testimony when she alleged Trump was aware of the potential for violence on January 6, 2021, and forged ahead with his attempts to rile up his supporters.
Loudermilk has long attempted to reframe the public perception of the events at the Capitol, including by scrutinizing the House committee that investigated the Capitol riot and found Trump was “directly responsible” for the riot. Loudermilk’s referral was co-signed by House Judiciary Chairman Jim Jordan, who chairs the committee under which Loudermilk is running a probe of January 6.
The Justice Department’s press office didn’t respond to inquiries about the referral. Both current and former lawyers for Hutchinson didn’t respond to multiple inquiries this week from CNN. CNN has reached out to Loudermilk for comment.
It’s not uncommon for Congress to make criminal referrals regarding witnesses that have come before it previously, especially in heavily charged political situations, and referrals don’t necessarily lead to charges. A referral at times could add to a criminal investigation or prompt one. They are often treated by the Justice Department as suggestions.
A referral and possible Justice Department action against Hutchinson could refocus attention on a fraught aspect of the work years ago of the House Select Committee and prosecutors. It also comes a time when the Trump administration has pursued politically charged criminal cases against former government figures whom Trump considers opponents.