The Justice Department is seeking to charge Cassidy Hutchinson, the former Trump White House aide whose testimony to the House January 6 committee was among the most damaging to Trump, with lying to Congress, NBC News, CBS News, the Washington Post, Fox News and others reported on October 8, 2026, citing people familiar with the matter. Prosecutors have been presenting evidence to a grand jury in Washington, and Fox reported that “no final decisions have been made” about whether charges will be brought. In an unusual move, the Civil Rights Division, not the U.S. Attorney's Office in Washington, is handling the case, CBS reported; media reports describe the referral as coming from House Republicans.
CBS could not determine precisely which parts of her testimony are being scrutinized. Her most contested account, relayed secondhand, was that Trump tried to grab the steering wheel of his vehicle on January 6; his driver disputed it in sworn testimony. The department said it “does not confirm or deny the existence of investigations.” The case follows prosecutions of other Trump critics (see A Judge Throws Out the Comey and Letitia James Indictments Because Trump's Hand-Picked Prosecutor Was Unlawfully Appointed).
Update (October 28, 2026): On October 27 a federal grand jury in Washington declined to indict Hutchinson. During a hearing on another matter, Civil Rights Division litigator Neville Hedley told Magistrate Judge Zia Faruqui that the grand jury “had not concurred on the proposed indictment,” CBS News reported, citing four sources briefed on the proceedings. Hedley did not name the defendant; multiple sources confirmed it was Hutchinson. The Washington Post first reported the outcome. NBC News, citing a senior U.S. official, said the grand jury returned a no bill, and CNN, citing two people familiar with the matter, said the prosecutor told the judge the grand jury had submitted a “non-concurrence.”
The refusal “does not bar the Justice Department from trying to charge her again,” NBC reported. The department did not respond to requests for comment, and Hutchinson's lawyers did not immediately reply. Some inside the department “believed there was not enough evidence to bring a viable criminal case,” CNN reported, and Republican Sen. Bill Cassidy of Louisiana called the matter an act of lawfare directed by the president. Hutchinson “has maintained that she provided truthful testimony,” NBC wrote. CNN noted that grand juries have also refused charges sought against former FBI Director James Comey, New York Attorney General Letitia James and six Democratic lawmakers (see A Grand Jury Refuses to Indict the Six Democratic Lawmakers Trump Called 'Traitors').