During her tenure as vice chairwoman of the House committee investigating the January 6 Capitol events, former Rep. Liz Cheney allegedly engaged in encrypted messaging with key witness Cassidy Hutchinson, raising ethical concerns over possible bypassing of legal representation. According to findings from Rep. Barry Loudermilk (R-GA) and Just the News, Cheney’s use of the encrypted app Signal facilitated back-channel communications with Hutchinson and her associate, Alyssa Farah Griffin, in June 2022.
Loudermilk, who now leads an oversight subcommittee of the House Administration, highlighted these exchanges as evidence of potential misconduct within the original Democrat-led investigation. He stated, “Our investigation has uncovered unethical back-channel communications between former Rep. Liz Cheney and Cassidy Hutchinson just before Hutchinson changed her sworn testimony. Not only is communicating with a witness without their attorney present unethical, it undermines the integrity of an investigation.”
At the time of these interactions, Hutchinson was represented by attorney Stefan Passantino, who claims he was unaware of Cheney’s communications with his client and had not authorized them. He only discovered the encrypted exchanges after being contacted by Just the News.
As a licensed attorney herself, Cheney would have been aware of the legal and ethical boundaries surrounding direct communication with a represented witness. According to Loudermilk, Cheney not only contacted Hutchinson but also allegedly persuaded her to dismiss Passantino and arranged for pro bono legal counsel, suggesting an effort to shape Hutchinson’s testimony. Loudermilk further explained that Cheney’s involvement led to Hutchinson modifying parts of her testimony, including pivotal claims about former President Trump’s conduct on January 6.
According to Just the News, Hutchinson’s final testimony featured unverified and controversial assertions about Trump, including the claim that he attempted to grab the steering wheel of his vehicle on January 6. While these statements were contested, they made their way into the final committee report and were widely publicized.
In early 2022, communications between Hutchinson and Griffin revealed Cheney’s initial hesitance to engage directly with Hutchinson due to ethical concerns. Yet, by June, Cheney was in direct communication with her. This change of approach, coupled with Hutchinson’s decision to release a screenshot of Passantino’s legal advice, has sparked significant controversy. Passantino, who expressed dismay upon learning about these discussions, is reportedly weighing legal action for what he sees as a breach of protocol.
In Hutchinson’s memoir, she credited Cheney’s support with helping her navigate the tumultuous period following her exit from Passantino’s representation. While she viewed Cheney’s involvement as instrumental in allowing her to testify without financial burden, the revelations have raised questions about the objectivity and procedural integrity of the January 6 investigation. As these details continue to unfold, Cheney’s actions are likely to come under closer scrutiny for their potential impact on the committee’s findings and public perception of the January 6 investigation.
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