Justice Department fails to indict former White House aide over her testimony about Trump and Jan. 6, sources say

Justice Department prosecutors on Tuesday tried and failed to secure a grand jury indictment of former White House aide Cassidy Hutchinson over her testimony about President Donald Trump’s role in the January 6, 2021, US Capitol riot, according to two people familiar with the matter. Hutchison was a key witness for the special House committee investigating the riot. Her explosive 2022 testimony implicated Trump, saying he was aware of the potential for violence that day, but still chose to move ahead with a speech urging his supporters to march to the Capitol. Attorneys for Hutchinson didn’t respond to requests for comment. In a brief court appearance Tuesday, a Justice Department attorney told a judge the grand jury submitted a “non-concurrence,” meaning the panel rejected the indictment the DOJ sought. The prosecutor did not reference a defendant by name, but sources familiar with the matter confirmed he was referencing Hutchinson.