More than 13 million Americans watched Cassidy Hutchinson testify in June 2022, but on Tuesday, October 27, 2026, a federal grand jury in Washington rejected a Justice Department request to indict former White House aide Hutchinson, as prosecutors sought to charge her over her 2022 congressional testimony regarding Donald Trump’s actions during the January 6, 2021, Capitol attack.
Federal prosecutors suffered an unusual setback on Tuesday when a grand jury in Washington, D.C., turned down a request to indict Cassidy Hutchinson. The grand jury returned a no bill
after the Justice Department’s Civil Rights Division attempted to bring criminal charges against the former White House staffer for statements she made about Donald Trump’s conduct during the 2021 Capitol riot.
Grand Jury Rejects Prosecution Request in Washington
Grand jurors turning down a request for an indictment remains rare in the federal legal system. However, such failures have become more common for the department under Mr. Trump.
During an afternoon hearing in U.S. District Court, senior Justice Department litigator Neville Hedley informed Magistrate Judge Zia Faruqui that the grand jury had failed to reach an agreement on the proposed indictment, resulting in what court officials call a non-concurrence. While prosecutors did not name the target in open court, multiple sources confirmed the proceeding involved Hutchinson.
Federal prosecutors were rebuffed in their effort to secure an indictment after presenting evidence to the grand jury in early October. The grand jury’s refusal to indict does not bar the department from attempting to charge her again in the future.
House Committee Testimony Draws Dispute
Republican lawmakers previously accused Hutchinson of lying under oath during her June 2022 appearance before the House select committee investigating the January 6 attack. Serving as a special assistant to White House Chief of Staff Mark Meadows, Hutchinson delivered explosive testimony watched by more than 13 million Americans.
Her testimony included accounts that Trump knew supporters gathered on the National Mall might be armed when he encouraged them to march to the Capitol. She also recounted a story told to her by then-White House official Tony Ornato about an altercation inside the presidential SUV after Secret Service agents refused to drive Trump to the Capitol.
According to Hutchinson’s committee testimony, Trump grew irate and reached toward the steering wheel before lunging at lead Secret Service agent Robert Engel. Secret Service agents subsequently disputed parts of that account, and a transcript released by House Republicans showed the driver of the vehicle stating Trump never grabbed the steering wheel, though the driver confirmed Trump wanted to join the crowd at the Capitol.
Originally hailing from Pennington, New Jersey, Hutchinson has a professional background that includes a stint in the White House Office of Legislative Affairs and internships for GOP figures such as Louisiana Representative Steve Scalise and Texas Senator Ted Cruz. During the course of her cooperation with the committee, she alleged that members of Trump’s inner circle dangled job opportunities and financial assistance. She also testified that her own lawyer, who served as a former ethics counsel in the Trump White House, told her that the less she remembered, the better.
The Trump DOJ tried to weaponize the justice system to punish Cassidy Hutchinson for exposing the truth about January 6—and they just failed spectacularly.A federal grand jury of ordinary citizens just threw out the DOJ’s retaliatory indictment. The "no true bill" is a… pic.twitter.com/kQi09ipcRJ
Justice Department Investigates Political Enemies
The failed indictment marks the latest attempt by the administration to use federal prosecutorial powers against perceived political enemies. The Civil Rights Division, led by Harmeet Dhillon, handled the Hutchinson investigation rather than the U.S. Attorney’s Office in Washington, which is led by Jeanine Pirro.
Several similar efforts have faltered in recent months. Earlier this year, a grand jury in Washington rejected an indictment against six Democratic lawmakers who had released a video reminding military and intelligence personnel of their obligation to refuse unlawful orders. Prosecutors also faced repeated dismissals and rejections in attempts to indict New York Attorney General Letitia James, while federal cases against former FBI Director James Comey and other former bureau officials proceeded through charging documents known as informations rather than grand jury indictments.
Trump had previously called Hutchinson a scam artist on his social media platform, Truth Social, suggesting she be prosecuted after her 2022 testimony, and later shared links regarding Republican criminal referrals. Following allegations that he instigated the mob behind the Capitol assault, Trump was impeached by the House of Representatives in 2021, though the Senate ultimately voted to acquit him. The Justice Department under President Biden subsequently charged Trump with felony offenses related to the 2020 election, but special counsel Jack Smith abandoned the case following Trump’s 2024 presidential victory, in accordance with longstanding Justice Department policy stating that sitting presidents cannot face criminal prosecution.
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