Former White House aide Cassidy Hutchinson has confirmed she is under investigation by the Department of Justice (DOJ). This disclosure surfaced in a September 24 federal court order where Hutchinson opposed a subpoena from the BBC. The broadcaster aimed to question her under oath linked to President Donald Trump’s defamation lawsuit against them.
The court order revealed Hutchinson’s stance, indicating her willingness to invoke her Fifth Amendment rights if compelled to testify. Hutchinson’s attorney did not immediately comment when contacted by Newsweek.
Scope of DOJ Investigation
The court documents didn’t specify the DOJ’s focus in Hutchinson’s case. However, according to the New York Times, the investigation stems from her congressional testimony about Trump’s awareness and behavior surrounding the January 6, 2021, Capitol riots.
The investigation reportedly began after a congressional member allied with Trump accused Hutchinson of lying during her testimony. Her statements attracted sharp criticism from Trump and his allies.
Key Testimony by Hutchinson
During Trump’s first term, Hutchinson served as an aide to his chief of staff, Mark Meadows. She provided notable testimony to the House January 6 committee in June 2022. Her accounts included Trump reportedly not being concerned when informed his supporters were armed, asserting they “weren’t there to harm him.”
Hutchinson also described Trump’s alleged attempt to seize his limousine’s steering wheel after being denied a visit to the Capitol by his Secret Service detail. This account was challenged by Trump’s driver in subsequent testimony.
Judicial Decision Against BBC’s Subpoena
Judge Jeffrey Kuntz quashed the BBC’s subpoena aimed at obtaining Hutchinson’s deposition, referencing her current status as a criminal investigation subject. Kuntz cited the DOJ investigation and Hutchinson’s 30-plus hours of prior congressional testimony as reasons against the deposition.
Her attorneys argued the BBC aimed to explore issues beyond Trump’s defamation lawsuit parameters—a stance previously defended by Trump’s legal team. The judge concurred, advising against transforming the lawsuit discovery into an extensive inquiry. Kuntz noted Hutchinson’s testimony largely irrelevant to the lawsuit’s narrow focus on the BBC documentary’s portrayal of Trump and the editing of his statements.
The BBC maintained that Hutchinson’s testimony might provide insight into Trump and his advisers’ mindset on January 6, aiding their defense against Trump’s allegations. The judge did leave room for potential BBC action to subpoena Hutchinson again, should circumstances significantly shift, requiring extensive justification for any new request.

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