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The Failed Indictment of Cassidy Hutchinson Reflects Grand Jury Resistance to Politically Motivated Charges

28 October 2026 at 21:20
Cassidy Hutchinson | Tom Williams/CQ Roll Call/Newscom

"I am very concerned about the weaponization of the Justice Department," Sen. Bill Cassidy (R–La.) told reporters in August, explaining his reservations about voting to confirm Todd Blanche as attorney general. Cassidy specifically cited the attempt to prosecute Cassidy Hutchinson, a White House aide during President Donald Trump's first term, based on her 2022 testimony before the House select committee that investigated the 2021 riot at the U.S. Capitol. "I'm told there is a grand jury being empaneled to investigate her," Cassidy said. "Why? Tell me that. Shouldn't every American be afraid of the weaponization of the Justice Department?"

Grand jurors in Washington, D.C., who on Tuesday declined to approve an indictment of Hutchinson, apparently shared the senator's concerns about the case against her. That setback is part of a pattern: Grand juries, which historically have almost never rejected charges proposed by federal prosecutors, have done so repeatedly during the last two years, reflecting the Trump administration's tendency to pursue politically motivated cases based on inadequate evidence.

A grand jury hears only the government's side of a case, and the probable cause standard for approving an indictment, which requires reasonable grounds to believe a crime has been committed and that the person identified by prosecutors committed the crime, is much less demanding than the proof beyond a reasonable doubt required for a conviction. But the Justice Department's manual for prosecutors says they should not pursue criminal charges unless "the admissible evidence will probably be sufficient" to meet the latter test. It is a pretty striking indication that prosecutors are disregarding that injunction when a grand jury determines that they have failed to meet the minimal burden of establishing probable cause.

Hutchinson, who at the time of the Capitol riot was White House Chief of Staff Mark Meadows' principal assistant, delivered the testimony at the center of the failed indictment on June 28, 2022. She described Trump as unconcerned about weapons carried by some of the people who attended the speech he delivered the day of the riot, during which he reiterated his false claim that Joe Biden had stolen the 2020 presidential election and urged his supporters to "fight like hell" against congressional ratification of his victory.

Hutchinson said Trump wanted the Secret Service to stop screening rally participants with magnetometers because he was worried it would reduce the size of the crowd. "I don't effing care that they have weapons," Trump said, according to Hutchinson's approximate recollection. "They're not here to hurt me. Take [the] effing mags away. Let my people in. They can march to the Capitol from here. Let the people in."

Hutchinson also said Trump was irate when the Secret Service told him he could not join the protesters at the Capitol. That much was consistent with the testimony of other witnesses. But Hutchinson added disputed details, saying Deputy Chief of Staff Tony Ornato had told her Trump was so angry that he "lunge[d] towards Bobby Engel," the head of his protective detail, and "reached up towards the front of the vehicle to grab at the steering wheel." The Secret Service agent who was Trump's driver that day contradicted Hutchinson's account, and Ornato said he had no recollection of any such incident.

Last March, Reps. Barry Loudermilk (R–Ga.) and Jim Jordan (R–Ohio) urged the Justice Department to prosecute Hutchinson for lying to Congress. "Hutchinson's potential prosecution became a point of controversy between lawmakers and employees of the Justice Department," CNN reports. "Some inside the department believed there was not enough evidence to bring a viable criminal case."

You would expect such a case to be handled by Jeanine Pirro, the U.S. attorney for the District of Columbia. But the investigation of Hutchinson was instead conducted by the Justice Department's Civil Rights Division, which is run by Assistant Attorney General Harmeet Dhillon, another Trump loyalist.

You might wonder what scrutinizing Hutchinson's testimony had to do with "protecting the civil and constitutional rights of all Americans," which is how Dhillon's division describes its mission. Dhillon's involvement is all the more puzzling given that Pirro previously had not hesitated to pursue dubious charges against the president's enemies.

Last February, Pirro sought an indictment of six Democratic members of Congress who appeared in a November 2025 video that reminded U.S. military personnel of their duty to "refuse illegal orders." Trump condemned that message as "SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL," saying the lawmakers "should be ARRESTED AND PUT ON TRIAL." But as a federal judge later noted, the allegedly criminal video was "unquestionably protected" by the First Amendment.

That did not deter Pirro from trying to deliver on her boss's threat. But as in Hutchinson's case, the grand jury apparently was not willing to participate in Trump's vendetta. After it unanimously refused to approve the indictment, Pirro gave up.

That embarrassing experience may have deterred Pirro from getting involved in Hutchinson's case, especially if she thought there was not enough evidence to obtain a conviction. She would have had good reasons for reaching that conclusion.

It is not clear exactly what charges the grand jury rejected this week. But the most obviously relevant statutes are 18 USC 1001, which covers false statements "in any matter within the jurisdiction of the executive, legislative, or judicial branch," and 18 USC 1621, which covers false testimony under oath. Both are felonies punishable by up to five years in prison. But a conviction under Section 1001 requires proving that the defendant "knowingly and willfully" made a "materially false, fictitious, or fraudulent statement," and the perjury statute applies only when a sworn witness "willfully and contrary to such oath" makes a "material" statement that "he does not believe to be true."

Those elements would have been hard to satisfy in Hutchinson's case. Her testimony about Trump's insouciant attitude toward weapons carried by his supporters was based on what she said she heard him say, an account that pits her word against that of a habitually dishonest politician whose speech that same day was full of misrepresentations. And even if her recollection of Trump's comments was not fully accurate, that does not necessarily mean she intentionally gave false testimony. The same goes for the alleged lunging-and-grabbing incident, an account Hutchinson said was based on a conversation with Ornato that he says he does not recall.

Maybe Hutchinson, who had a lawyer and was surely aware of the potential penalties for lying to Congress, nevertheless fabricated both of those claims. But assuming her testimony was inaccurate, it seems more likely that she misremembered or misconstrued what Trump and Ornato said. In any event, the task of proving the first proposition beyond a reasonable doubt would give pause to any reasonably cautious prosecutor. And the grand jurors, even without the benefit of hearing a rebuttal to the government's case, thought the evidence of deliberate deception was so weak that it fell short of probable cause.

That determination is just the latest in a series of similar rebukes. In addition to the rejection of Pirro's charges against the "Seditious Six," they include the attempt to prosecute New York Attorney General Letitia James for mortgage fraud, which two separate grand juries in two different Virginia cities blocked last December.

Grand jurors also have stood athwart felony prosecutions of protesters in Washington, D.C., including Sean Dunn, the guy who threw a sandwich at a Customs and Border Protection officer, and Sydney Reid, who allegedly interfered with immigration arrests while using her phone to record them. In the latter case, Reason's Joe Lancaster noted, prosecutors unsuccessfully sought a felony assault indictment "not once, not twice, but a staggering three times." Reid was ultimately acquitted of a misdemeanor charge.

In the summer of 2025, federal grand juries approved just seven of 38 proposed felony indictments against protesters in Los Angeles, an amazingly bad track record. A few months later, federal prosecutors dropped assault charges against two Chicago protesters after a grand jury declined to indict them.

"For decades, federal grand juries have almost never said no," Ballard Spahr attorneys Henry E. Hockeimer Jr. and Brad Gershel noted last year. In 2016, for example, grand juries declined to approve federal indictments just 0.004 percent of the time. "That dynamic is now being tested," Hockeimer and Gershel added. "As the DOJ has adopted a more assertive charging posture in politically sensitive cases, grand juries appear to be reasserting their independence."

The post The Failed Indictment of Cassidy Hutchinson Reflects Grand Jury Resistance to Politically Motivated Charges appeared first on Reason Magazine.

The Justice Department's 3rd Attempt To Imprison James Comey Stinks of Trump's Desperation for Revenge

27 October 2026 at 19:15
James Comey | Christy Bowe/Zuma Press/Newscom

A little more than a year ago, President Donald Trump publicly demanded that Pam Bondi, then the attorney general, find a crime to pin on former FBI Director James Comey. Trump's underlings have repeatedly tried to do that, first charging Comey with lying to Congress and then accusing him of threatening to assassinate the president. But the first indictment was dismissed because Trump had illegally appointed the prosecutor who obtained it, and the second was doomed right out of the gate because it aimed to punish constitutionally protected political speech.

The Justice Department's latest attempt to follow Trump's marching orders was revealed on Monday, when U.S. District Judge Trevor McFadden unsealed a "criminal information" that claims Comey illegally shared classified information with The New York Times on October 5, 2016. In an attempt to meet the statutory deadline for that charge, prosecutors filed it exactly 10 years after the alleged disclosure. But Comey's lawyers argue that federal law required the government to obtain a grand jury indictment within 10 years of the alleged offense, which it failed to do.

Whatever you make of that dispute, the president has made it clear that he wants to imprison Comey, a longtime nemesis because of his role in the "Russiagate hoax" during Trump's first term, and does not much care about exactly how that happens. Justice Department officials, meanwhile, are keen to pursue Trump's personal vendetta by using their prosecutorial powers as an instrument of his revenge.

The new case "would almost be funny if it weren't such an appalling abuse of the Department of Justice," Comey said in an online video on Monday. "I'm still innocent. I'm still not afraid of these people, and I still believe in the independent federal judiciary."

In the New York Times story at the center of the case, Charlie Savage and Nicole Perloth reported that Yahoo had adapted "a system intended to scan emails for child pornography" to comply with a Foreign Intelligence Surveillance Court order seeking "messages containing a computer 'signature' tied to the communications of a state-sponsored terrorist organization." Savage and Perloth cited "two government officials who spoke on the condition of anonymity."

Dustin Farahnak, a special U.S. attorney for the District of Columbia, says that story included "first-time disclosures of classified information not intended for the public domain." According to Farahnak, the government has evidence that Comey "directed staff" to discuss "specific accuracy concerns" about a prior Reuters report on the same subject with Savage. In the process of doing that, Farahnak says, those FBI officials "illegally transferred classified information."

Comey's attempt to set the record straight, according to Trump's henchmen, was a felony punishable by up to 10 years in prison under 18 USC 793(d), an Espionage Act provision that applies to an official who "willfully" shares "information relating to the national defense" with an unauthorized recipient when he "has reason to believe" it "could be used to the injury of the United States." Comey also faces a charge of conspiring to violate Section 793, which likewise carries a maximum 10-year sentence.

If Comey's alleged disclosure was such a grave crime, you might wonder, why did it take a decade to charge him? Because two prior investigations of the same incident concluded that criminal charges were not warranted.

Beginning in March 2017, John Durham, the U.S. attorney for the District of Connecticut, looked into the genesis of the Times article. The investigation found that James Baker, then the FBI's general counsel, was one of the anonymous sources. Baker said he had acted under instructions from FBI Chief of Staff James Rybacki, whom he understood to be conveying Comey's wishes. Durham's investigation included interviews, emails, phone records, and consideration of the relevant statutes. In December 2018, Comey's lawyers note, Durham "wrote a classified memorandum outlining the investigation and recommending 'NO prosecution for Baker or anyone else.'"

The following month, the U.S. Attorney's Office for the District of Columbia "opened an investigation into the same subject matter," Comey's lawyers say. That investigation "was closed without any charges in February 2020" after the office "declined to prosecute."

Given the outcomes of those two investigations, the decision to charge Comey now stinks of desperation to slake Trump's thirst for revenge. According to Comey's lawyers, the tardiness of the charges also fatally undermines the case.

Federal law generally requires that prosecutors file charges within five years of the alleged crime. But the Internal Security Act of 1950 made an exception for Section 793, saying "an indictment for any violation" of that provision "may be found at any time within ten years next after such violation shall have been committed."

The charges against Comey "should be dismissed as time barred," his lawyers argue: "Section 19 of the Internal Security Act gives the government an extended ten-year limitations period in which to charge Section 793 offenses. But as Section 19 unambiguously states, the government may invoke that extended period only by obtaining a grand jury indictment. A criminal information—which the government can issue unilaterally without grand jury involvement—does not suffice. Because the default five-year statute of limitations for federal felonies has long since elapsed on the alleged offenses, and the government's information does not meet the express statutory requirement for an extended ten-year limitations period, the information is untimely and must be dismissed."

Whichever side prevails on that issue, no one should have any illusions that the Justice Department is pursuing the mission suggested by its name. "It remains unclear what [McFadden] will do with the matter and whether DOJ will even be able to secure an indictment—as required by the Constitution," Cato Institute legal fellow Mike Fox says in an emailed press release. "Should the matter proceed, it is unequivocally clear that this case is a vindictive prosecution—a classic case of lawfare by a weaponized Justice Department."

The post The Justice Department's 3rd Attempt To Imprison James Comey Stinks of Trump's Desperation for Revenge appeared first on Reason Magazine.

Jury Trials on Trial: Can Justice Survive Political Polarisation?

17 October 2026 at 15:00

An activist who painted Churchill red was cleared of criminal damage and juries have deadlocked over alleged support for Hamas. What’s to be done when jurors reject the moral premises of the law, asks Anna Stanley.

The post Jury Trials on Trial: Can Justice Survive Political Polarisation? appeared first on The Daily Sceptic.

You Should’ve Said Something

29 September 2026 at 14:00

Not long after the death of his father, Derek Askey, a new father himself, is selected as an alternate juror for a murder trial. The experience upends the typical vulnerability and openness of his life: Askey, under court order, cannot speak with his wife about the random violence heaped upon him, yet nevertheless worries about what his infant son “received from me” during his wordless days in the courtroom. He must withstand the gruesome details of the criminal trial, yet will not be allowed to participate in the jury’s deliberations. His personal essay is a challenging exploration of enforced silence, and the ways in which we seek to unburden ourselves through voice.

Before the trial, the other would-be jurors and I were asked our names, our occupations, whether we had spouses or children, and whether we could be impartial regarding the case, in which a man was being accused of murdering his girlfriend. At first I was curious to hear other people’s answers—Oh, wow, that guy fixes airplanes?—but curiosity quickly gave way to numb shock at how many people’s lives had been touched by domestic violence or murder. Or both. People you see every day. People who fix airplanes. One man said that, when he was little, his dad had beaten his mother; if he was being honest, he didn’t think he could be unbiased. The man was dismissed, and a woman was called up from the uncomfortable wooden pews to face the same interrogation. She had been attacked herself, she said. Some women had sisters, sisters-in-law, or best friends who’d been hit by a spouse or boyfriend.

Skiathos airport: Tourist injured during plane take off; second in a week

13 August 2026 at 14:43

A new incident of an injury of a tourist from aircraft turbine blasts occurred outside the Skiathos airport short after 12 noon on Thursday, August 13,2026. The Italian woman was reportedly caught in the vortex of gases and knocked down during the airplane take off. According to state broadcaster ERT, the woman in her early […]

The post Skiathos airport: Tourist injured during plane take off; second in a week appeared first on Keep Talking Greece.

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