Grand jury declines to indict Cassidy Hutchinson over Jan. 6 testimony

A federal grand jury in Washington, D.C., declined on October 27, 2026, to indict former White House aide Cassidy Hutchinson over her 2022 testimony regarding Donald Trump's actions during the January 6 Capitol riot. The decision marks another setback for the Justice Department's Civil Rights Division, led by Harmeet Dhillon, amid internal pushback from prosecutors doubting the case's merits. The rejection follows similar failed attempts to indict other perceived political adversaries, including Letitia James and James Comey.

Grand jury rejection and court notification

• ▪The chief federal judge in Washington issued a policy requiring the Justice Department to notify the on-duty magistrate judge whenever a federal grand jury rejects a proposed indictment
• ▪Justice Department attorney Neville Hedley informed U.S. Magistrate Judge Zia Faruqui that the grand jury submitted a non-concurrence regarding proposed charges against Cassidy Hutchinson
• ▪A federal grand jury in Washington, D.C., returned a no bill, rejecting the Justice Department's attempt to indict former White House aide Cassidy Hutchinson

Justice Department investigation of Hutchinson

• ▪The Justice Department's Civil Rights Division, led by Assistant Attorney General Harmeet Dhillon, handled the criminal investigation into statements Cassidy Hutchinson made regarding Donald Trump's actions on January 6, 2021
• ▪Some Justice Department prosecutors expressed private doubts regarding whether sufficient evidence existed to secure a conviction against Cassidy Hutchinson for her 2022 congressional testimony
• ▪Republican Senator Bill Cassidy of Louisiana publicly criticized the Justice Department's investigation of Cassidy Hutchinson, describing the effort as an act of political lawfare directed by President Donald Trump
• ▪Prior to the grand jury's rejection of an indictment against Cassidy Hutchinson, Representatives Jim Jordan and Barry Loudermilk referred Cassidy Hutchinson to the Justice Department for prosecution over her 2022 congressional testimony

Cassidy Hutchinson's 2022 congressional testimony

• ▪Former White House aide Cassidy Hutchinson testified in June 2022 that Donald Trump urged the removal of metal detectors on January 6, 2021, despite knowing rally attendees possessed weapons
• ▪Secret Service personnel and former White House deputy chief of staff Tony Ornato denied Cassidy Hutchinson's secondhand account, from her 2022 congressional testimony, of Donald Trump attempting to grab the steering wheel of his presidential limo
• ▪Former special counsel Jack Smith testified in a closed-door congressional interview earlier in 2026 that Cassidy Hutchinson was not a powerful witness because many of her accounts were secondhand
• ▪Cassidy Hutchinson testified to the House committee that former White House deputy chief of staff Tony Ornato told her Donald Trump lunged at a Secret Service agent to divert his presidential vehicle to the Capitol on January 6, 2021

Legal standards for grand jury rejections

• ▪The grand jury's refusal to indict Cassidy Hutchinson on October 27, 2026, does not legally bar the Justice Department from attempting to charge her again
• ▪Federal grand juries rarely reject proposed indictments because prosecutors are only required to establish probable cause that a crime was committed