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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.

France Moves to Make Protesters Pay for Riot Damage as Senate Tightens Public Order Laws

28 October 2026 at 19:00

French senators have approved legislation that could expose participants in violent demonstrations to compensation claims of up to €10,000, including individuals who did not personally damage property. The proposal has reopened a dispute over public order, collective responsibility and the right to protest.

France’s Senate has approved controversial legislation designed to recover the costs of damage caused during violent demonstrations, extending potential financial liability beyond those who personally committed acts of vandalism.

The bill, adopted in the early hours of 28 October by 229 votes to 105, would allow the authorities to pursue compensation from certain participants in gatherings where destruction or violence occurred.

Its provisions include a potential liability of up to €10,000 per person and mechanisms for recovering compensation through deductions from certain social benefits.

The legislation, widely described in France as the casseurs-payeurs bill, reflects growing political pressure to respond to property destruction accompanying demonstrations and public gatherings.

However, it also raises legal questions about the circumstances in which individuals may be held financially responsible for damage they did not personally cause.

The bill must still be considered by the National Assembly before it can become law.

From individual responsibility to collective liability

Under existing arrangements, the French state can be required to compensate victims for certain damage resulting from gatherings or public disorder.

Authorities may subsequently seek reimbursement from individuals legally responsible for that damage.

The proposed legislation would expand the circumstances in which compensation could be recovered.

According to the French Senate’s official explanation, liability could extend to people who participated in a violent group or remained in a gathering despite police orders to disperse, when they could not reasonably have been unaware that violence or destruction was taking place.

An individual would not necessarily have to be identified as the person who broke a window, damaged a vehicle or destroyed public property.

Instead, participation in a gathering meeting the relevant legal conditions could provide a basis for civil liability.

The distinction is central to the controversy.

The proposed €10,000 ceiling concerns financial compensation rather than a new criminal fine imposed automatically on demonstrators.

Nevertheless, opponents argue that expanding civil responsibility beyond direct perpetrators could undermine the principle that liability should reflect an individual’s own conduct.

A response to repeated unrest

The government introduced the legislation in September against a background of public disorder associated with demonstrations and sporting celebrations.

Violence following Paris Saint-Germain’s Champions League victory in May contributed to demands for stronger mechanisms to recover the costs of destruction.

Subsequent disturbances during demonstrations on 17 October added urgency to the debate.

The Senate’s conservative and centrist majority supported the bill, while left-wing lawmakers opposed important elements of the proposed system.

Interior Minister Laurent Nuñez defended the principle that those involved in destruction should contribute to the cost of repairs.

Supporters maintain that criminal penalties alone do not adequately compensate shopkeepers, residents and public authorities faced with substantial financial losses.

They also argue that taxpayers should not automatically bear the costs of damage attributable to individuals involved in violent gatherings.

The disagreement therefore extends beyond criminal punishment to the distribution of financial responsibility after public disorder.

Social benefits become part of the debate

One of the most disputed provisions concerns the recovery of compensation from people with insufficient resources to pay.

As approved by the Senate, the legislation would permit deductions from certain social benefits, including housing assistance and family allowances.

Senators also extended the proposed mechanism to the revenu de solidarité active, or RSA, the minimum-income benefit available to eligible low-income individuals.

Supporters of the measure argue that financial responsibility should not disappear simply because an individual lacks conventional assets or income.

The proposed arrangements would nevertheless have to leave recipients with a minimum amount for living expenses.

Opposition lawmakers have questioned whether deductions from family-related benefits could impose financial consequences on relatives who had no involvement in the original incident.

This is particularly relevant where parents’ social payments could be affected by damage attributed to their children.

The debate therefore concerns both the enforceability of compensation claims and the possibility that recovery measures could affect entire households.

The constitutional question

France’s legal framework recognises freedom of expression and the right to demonstrate, subject to restrictions established by law.

It also permits the authorities to impose obligations and penalties on individuals involved in unlawful conduct.

The issue raised by the proposed legislation is where the boundary between these principles should be drawn.

A system requiring direct evidence of property destruction presents different legal questions from one imposing liability based on participation in a wider gathering.

The latter arrangement would require careful assessment of the individual’s conduct, awareness of violence and opportunity to leave.

Opponents fear that demonstrators could face substantial financial exposure even without personally committing vandalism.

Supporters respond that the legislation is directed at participation in violent disorder, rather than peaceful protest itself.

Any final legislation could face scrutiny over proportionality, equality before the law and the protection of constitutional freedoms.

An uncertain passage through parliament

The Senate vote represents an important stage, but not the completion of the legislative process.

The National Assembly remains politically divided, making the final form of the proposal uncertain.

Deputies could amend the conditions for civil liability, the compensation ceiling or the provisions concerning social benefits.

The government’s ability to secure sufficient parliamentary support will determine whether the measures survive intact.

The legislation illustrates an increasingly difficult issue in French politics: how to ensure compensation for victims of public disorder without extending legal liability so broadly that participation in demonstrations becomes a substantial financial risk.

The answer will depend on the precise safeguards contained in the final text and how courts would be required to apply them.

More than 400 lawyers challenge PSP actions at housing protests 

28 October 2026 at 16:31

An open letter signed by more than 400 lawyers accuses the police of resorting to the disproportionate use of force at housing demonstrations in Porto and Lisbon last weekend.  The

The post More than 400 lawyers challenge PSP actions at housing protests  appeared first on Portugal Resident.

€100,000 spent on cleaning graffiti from Rossio statue. Really?

28 October 2026 at 13:36

PS Socialists on Lisbon City Council are highly sceptical of the Mayor’s statements that it is costing the city €100,000 to clean graffiti from the iconic statue in Rossio square

The post €100,000 spent on cleaning graffiti from Rossio statue. Really? appeared first on Portugal Resident.

Thousands Protest Police Crackdown on Housing Encampments In Lisbon

28 October 2026 at 13:00

Dozens of injuries and arrests on charges of disobedience were reported.

On Tueday, thousands of people gathered outside Portugal’s parliament in Lisbon to protest a police operation to clear housing rights encampments in the early hours of Sunday.

RELATED:

Portugal Housing Activists Push for Nationwide General Strike

Businesses in the surrounding area closed at the request of municipal authorities, as parliament began debating the 2027 state budget.

The Acampada de Lisboa movement joined the demonstration and called for a popular assembly to be held outside parliament.

Municipal police asked nearby businesses to close for the afternoon, a request that most complied with. Several units of the Public Security Police (PSP), including intervention teams, were deployed to the area, along with emergency medical teams from INEM.

The police operation, carried out in the early hours of Sunday, cleared encampments in both Lisbon and Porto following more than two hours of tension and repeated orders for protesters to vacate the squares. The protesters refused to leave, citing their constitutional right to demonstrate.

Thousands of protesters gathered outside Portugal's parliament in Lisbon demanding affordable housing after police forcefully cleared protest camps, arresting dozens.

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— Highlights (@highlightsnews1) October 28, 2026

Dozens of injuries and arrests on charges of disobedience were reported. Hospitals in Lisbon said they had treated 27 people for injuries, more than double the five cases initially reported by police.

Opening the parliamentary debate on the budget, Prime Minister Luis Montenegro defended the police response, saying the PSP had acted proportionately and had been “particularly careful and competent” in restoring public order.

Montenegro said he wanted to address the issue directly before turning to the details of the budget, as the police operation had come to dominate media coverage.

The debate on the 2027 state budget is scheduled to run through Tuesday and Wednesday. Its passage at the first reading is assured, as the main opposition Socialist Party has pledged to abstain.

teleSUR/ JF

Source: Xinhua

Portugal’s Housing Revolt Exposes a Growing Political Crisis Across Europe

28 October 2026 at 09:43

Thousands of demonstrators have gathered outside Portugal’s parliament as rising property prices, disputed eviction legislation and police operations bring the country’s housing problems into direct confrontation with the government.

Thousands of protesters gathered outside Portugal’s parliament in Lisbon on 27 October, demanding action over soaring housing costs and criticising police operations against housing activists, as the country’s long-running property crisis developed into a broader political confrontation.

The demonstration coincided with parliamentary debate on the government’s proposed 2027 budget and followed several days of protests in Lisbon and Porto.

At the centre of the dispute is an increasingly familiar European contradiction: property values continue to rise, while wages and household incomes have failed to keep pace with the cost of obtaining accommodation.

For Portugal, the problem has become particularly pronounced.

House prices have more than doubled since 2017, while rents for newly agreed tenancies have almost doubled over the same period.

According to figures reported during the demonstrations, the cost of housing in Portugal increased by 147 per cent between 2015 and 2025, compared with an EU average of 60.5 per cent.

The result is a growing disparity between earnings and the cost of independent living, particularly among younger adults.

A property market detached from wages

In Lisbon, a one-bedroom flat can routinely command monthly rent of approximately €1,500.

Portugal’s minimum wage stands at €920 per month before tax.

Although these figures do not represent every household or property, they illustrate the scale of the affordability problem for lower-paid workers.

Between the first quarters of 2025 and 2026, Portuguese house prices increased by almost 20 per cent, according to national statistical figures cited in recent reporting.

Rental costs have also continued rising, recording an increase of approximately 68 per cent since 2020.

The country’s attractiveness to foreign investors, retirees and remote workers has contributed to demand, particularly in Lisbon, Porto and coastal areas.

Tourism has introduced additional competition for residential property, with some homes converted into short-term accommodation.

However, investment and tourism are only part of the explanation.

Restrictions on construction, administrative delays, limited affordable housing supply and the geographical concentration of employment have also contributed to pressure on the market.

These conditions have produced a widening gap between those who already own property and those seeking to purchase or rent their first home.

Disputed eviction legislation

The immediate political confrontation concerns government proposals that would accelerate certain eviction procedures and remove restrictions on rents for new tenancy agreements.

The legislation passed its first parliamentary reading, with the right-wing Chega party abstaining.

Housing campaigners argue that removing protections without first increasing affordable supply could leave tenants more exposed to rising rents and displacement.

The minority centre-right government, led by Prime Minister Luís Montenegro, has pursued measures intended to encourage construction and increase the availability of housing.

These include tax reductions for new building projects and a commitment to deliver 145,000 homes.

Such measures, however, require time before additional properties become available, while many households face immediate financial pressures.

Police operations become a second controversy

The housing dispute intensified following police operations to remove protest encampments in Lisbon and Porto during the weekend.

Police used batons during the clearances, while campaigners alleged excessive force.

According to accounts of the subsequent parliamentary demonstration, police reported 11 minor injuries, including three officers. The housing organisation Casa para Viver claimed that 60 people had been injured.

Portugal’s internal affairs watchdog has opened an inquiry, while prosecutors are conducting a separate investigation into officers’ conduct.

Montenegro defended the police response in parliament, arguing that officers had acted according to the principles of necessity, proportionality and adequacy.

President António José Seguro has convened a meeting of the Council of State to consider the growing protests.

The dispute has consequently expanded beyond housing economics to include questions about policing, public demonstrations and political accountability.

A European problem with national consequences

Portugal’s demonstrations follow similar protests in Spain and growing political scrutiny of housing affordability elsewhere in the EU.

The European Commission has begun addressing the issue through initiatives intended to encourage construction, facilitate investment and give authorities greater legal certainty over short-term rental restrictions.

As EU Today recently reported, the proposed European Affordable Housing Act would provide additional regulatory tools for areas facing severe housing pressure.

Yet the principal responsibilities for housing supply, planning and tenancy law remain with national and local governments.

This division creates a political challenge: Brussels can support investment and coordinate legislation, but the most immediate decisions affecting rents, construction and evictions are taken elsewhere.

For Portugal, the next test will be whether the government’s housing measures can deliver sufficient additional supply while responding to demands for immediate tenant protection.

The demonstrations outside parliament show that housing affordability has become more than a question of property prices. It now affects the government’s legislative agenda, the 2027 budget debate and the relationship between the authorities and an increasingly organised protest movement.

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