While serving as vice chairwoman of the House committee “investigating” the Jan. 6 Capitol riot, former Rep. Liz Cheney used an encrypted messaging app to communicate directly and indirectly with a key witness, bypassing defense counsel and ethical guidelines, according to evidence obtained by congressional investigators and Just the News.
Rep. Barry Loudermilk (R-Ga.), chair of the House Administration oversight subcommittee, recently acquired Cheney’s Signal messages with witness Cassidy Hutchinson and her friend Alyssa Farah Griffin. The subcommittee is probing serious issues with the original Democrat-led investigation into the Jan. 6 events. The newly revealed communications have raised fresh questions about Cheney’s conduct during the investigation.
At the time of these communications, Hutchinson was represented by attorney Stefan Passantino, who told Just the News that he was unaware of the contacts and had not authorized them. Cheney, a licensed attorney in Washington, D.C., would have been subject to ethical rules prohibiting communication with a represented party without the consent of their attorney.
“Our investigation has uncovered unethical back-channel communications between former Rep. Liz Cheney and Cassidy Hutchinson just before Hutchinson changed her sworn testimony,” Loudermilk said. “Not only is communicating with a witness without their attorney present unethical, it undermines the integrity of an investigation.”
Loudermilk added that Cheney appeared to persuade Hutchinson to fire Passantino and arranged for her to be represented pro bono by new lawyers.
In messages obtained by Loudermilk’s investigators, Hutchinson’s friend, Griffin, expressed concerns as early as April 2022 that Cheney might face ethical issues for communicating with Hutchinson, who was then represented by counsel. Despite this, Cheney engaged in direct communications with Hutchinson in June 2022.
After a June 6 phone call, Hutchinson even shared a screenshot of advice from her lawyer, Passantino, with Cheney. According to the subcommittee, Hutchinson fired Passantino just days after the encrypted messages with Cheney began, and she later credited Cheney with helping her find new lawyers.
Cheney’s actions are under scrutiny not only for their potential ethical violations but also for their impact on Hutchinson’s testimony. Hutchinson made several dramatic changes to her initial testimony after switching legal representation, including her now-disputed account of President Trump allegedly lunging for the steering wheel of the presidential vehicle on Jan. 6. That claim, while contradicted by other witnesses, was still included in the committee’s final report.
Passantino expressed shock upon learning of Cheney’s communications with his former client, stating that he had no knowledge of the exchanges at the time. He is currently reviewing potential legal actions in response to the new evidence.
The encrypted messages with Griffin also suggest that Hutchinson was initially satisfied with Passantino’s representation before the Jan. 6 Committee, which contrasts with her later testimony under oath claiming he pressured her to remain “loyal” to Donald Trump. In her subsequent testimony, Hutchinson accused Passantino of coaching her responses, leading to significant changes in her account, including new and controversial claims about Trump allegedly lunging for the steering wheel of the presidential vehicle, as Just the News previously reported.
However, in her earlier messages to Griffin, Hutchinson expressed a different sentiment, saying, “He’s not against me complying,” and adding that Passantino believed cooperating would “build my credibility as a witness.” Griffin agreed with this approach, stating, “I actually agree with Stefan’s approach and think it’s accomplished everyone’s goals. I am happy to tip Liz off.”
This is not the first time Hutchinson has faced scrutiny for inconsistent statements. After parting ways with Passantino, she revised multiple aspects of her original testimony and provided new accounts that became central to the committee’s final report, some of which were disputed by other witnesses.
While experts are uncertain whether the D.C. Bar’s rules would apply to a member of Congress in an official investigation, they note that congressional practice generally respects attorney-client representation. Neither Cheney nor Hutchinson’s current lawyer responded to requests for comment.
Read Hutchinson’s messages with Cheney and Griffin: here.
