Former Rep. Liz Cheney (R-WY) is facing accusations of unethical conduct after it was revealed that she allegedly had private communications with a key witness in the Jan. 6 investigation using an encrypted messaging app.
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The lawmaker, a fierce critic of former President Donald Trump, played a pivotal role in the proceedings.
Cheney allegedly exchanged messages with former White House aide Cassidy Hutchinson in June 2022 as the investigation was still in full swing, according to Just the News. It is believed she used Signal, the messaging app, as a back channel to discuss the case with Hutchinson.
Rep. Barry Loudermilk (R-GA), chairman of the House Administration oversight subcommittee, brought the allegations to light.
Loudermilk told Just the News that the communications indicate that Cheney defied her ethical responsibilities and may have influenced a witness outside of her lawyer’s presence, eventually causing Hutchinson to switch lawyers.
“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.
“As a licensed attorney , Liz Cheney would have known the ethical and legal issues with this communication,” he added. “Clearly, Cheney did not want Stefan Passantino representing Hutchinson; as shortly after Cheney and Hutchinson began communicating, Cheney convinced Hutchinson to fire Passantino, and arranged for a new attorney to represent Hutchinson pro-bono. “
Heightening his concerns, Loudermilk’s investigators obtained communications between Griffin and Hutchinson suggesting Cheney was aware her contact with a potential witness represented by counsel might be problematic as early as April 2022, months before it occurred,
“So I reached out to Liz. She agreed to keep our convo totally confidential. She said she admires you, and could tell that you wanted to the right thing from your testimony,” Griffin wrote in an April 28 Signal message to Hutchinson.
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Cheney and Hutchinson began communicating on June 6, 2022, according to the report. Hutchinson was being represented by attorney Stefan Passantino, who expressed concerns about the exchanges. “I absolutely had no knowledge at the time that Congresswoman Liz Cheney was communicating with my client behind my back,” he told Just the News in a statement.
“I am frankly shocked that the smoking gun documents still exist and have come to light, I am currently examining what additional remedies may be available to me in light of Chairman Loudermilk’s remarkable investigative work,” he added.
At some point during their communications, Cheney might have persuaded Hutchinson to switch lawyers, the report suggests. The witness fired Passantino after the exchanges and sought new representation. It is believed that Cheney facilitated this move after providing contact information or pro-bono lawyers.
The Washington D.C. Bar Association’s rules prohibit an attorney from communicating with an individual represented by another attorney about the subject of that representation without prior consent. Cheney is a licensed lawyer, which would indicate a violation of these ethical standards.
The revelation has raised questions about Hutchinson’s testimony – especially her wild claims about Trump. At one point, she claimed to have been told he lunged for the steering wheel in the limo being used to transport him from the Ellipse, where he’d delivered his speech, in an effort to direct the driver to take him to the Capitol on Jan. 6.
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It is not clear whether the bar association’s rules will be enforced against Cheney. The lawmaker recently announced she is supporting Vice President Kamala Harris in the presidential race and has been campaigning for her.
