DOJ fails to get indictment against former Trump aide Cassidy Hutchinson: Sources

The Justice Department had sought charges of lying to Congress.

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ByPierre Thomas, Katherine Faulders, Alexander Mallin, Luke Barr and Jack DateABCNews logo
Tuesday, October 27, 2026 11:00PM

A federal grand jury in Washington, D.C., has refused to indict former Trump White House aide Cassidy Hutchinson on charges of lying to Congress over her testimony before the House Select Committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol, sources familiar with the matter confirmed to ABC News.

The failed indictment is the latest setback for the Justice Department in its support of what critics call a campaign of retribution by President Donald Trump, who has long accused Hutchinson of lying to the committee regarding his actions surrounding the Capitol assault.

Republicans have long sought to undercut Hutchinson's testimony regarding a story she said had been relayed to her secondhand about President Trump lunging for the steering wheel of his presidential limo following his speech on the Ellipse on Jan. 6.

Trump has vehemently denied the account and other White House employees did not corroborate the specific detail about Trump lunging.

The Washington Post first reported that a grand jury refused to indict Hutchinson.

Former special counsel Jack Smith, who indicted President Trump for his efforts to overturn his 2020 election loss, has said he opted not to treat Hutchinson as a material witness after determining much of her testimony was based on hearsay. Trump pleaded not guilty to all charges related to Jan. 6 and Smith's case against him was ultimately dismissed.

Hutchinson has maintained that she stands by her testimony. She could not immediately be reached for comment on Tuesday.

A Justice Department spokesperson also did not immediately respond to a request for comment.

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