Loudermilk Reports On Text Messages
Former Congresswoman Liz Cheney is now under fire for her involvement in the January 6 Capitol breach investigation, facing serious legal and ethical scrutiny over her communication with a key witness, Cassidy Hutchinson. According to reports from Just the News and congressional investigators, Cheney, while serving as vice chairwoman of the House committee investigating the events of January 6, used the encrypted messaging app Signal to communicate directly with Hutchinson on June 6, 2022. This revelation, brought to light by Rep. Barry Loudermilk (R-GA), raises significant concerns about the ethics and integrity of the investigation.
At the time of these exchanges, Hutchinson was represented by attorney Stefan Passantino, who claims he was unaware of any communication between his client and Cheney. Passantino only learned about the situation when approached by reporters. The direct communication between Cheney and Hutchinson occurred just before Hutchinson changed key aspects of her testimony, including her controversial allegations about former President Donald Trump’s actions during the Capitol breach—claims that have since been heavily contested and widely debunked.
Hutchinson’s relationship with Cheney deepened after their initial exchanges, with Cheney reportedly playing a pivotal role in helping Hutchinson find new legal representation. This assistance came at a critical time when Hutchinson was preparing for her third deposition before the committee. According to Hutchinson, Cheney’s support allowed her to fully engage with the committee’s work without the burden of legal fees, which she described as providing her with “hope.” However, this maneuver has raised questions about whether Cheney’s actions were ethically sound, particularly in light of Hutchinson’s subsequent testimony revisions.
What do we have here?
This appears to be a straight-up DC Bar Rules violation by Liz Cheney. https://t.co/3bks1fSA19
— Jeff Clark (@JeffClarkUS) October 15, 2024
Cheney’s conduct has drawn sharp criticism, especially given her status as a licensed attorney. Legal experts are now scrutinizing whether Cheney violated her ethical obligations under the American Bar Association (ABA) Model Rules of Professional Conduct, specifically the “no-contact rule,” which prohibits attorneys from directly communicating with someone they know to be represented by counsel in a legal matter without the consent of that person’s lawyer. If Cheney indeed communicated with Hutchinson without Passantino’s approval, she could be in violation of these rules, which are designed to ensure fairness and prevent undue influence.
Former U.S. Department of Justice official Jeff Clark was quick to highlight this potential violation, tweeting that Cheney’s actions appear to be a “straight-up DC Bar Rules violation.” Should Cheney be found to have breached these ethical standards, she could face serious consequences, including potential sanctions or suspension from practicing law. Disciplinary actions could be taken by the bar, and Cheney may also face lawsuits or complaints to state bar authorities.
Rep. Loudermilk didn’t hold back in his criticism, stating, “Our investigation has uncovered unethical back-channel communications between former Rep. Liz Cheney and Cassidy Hutchinson just before Hutchinson changed her sworn testimony. Not only is communicating with a witness without their attorney present unethical, but it also undermines the integrity of an investigation.”
He added that Cheney, as a seasoned attorney, should have been fully aware of the legal and ethical risks of such communication. Loudermilk also pointed out that Cheney seemed intent on convincing Hutchinson to part ways with Passantino, orchestrating a plan to provide her with a new attorney to represent her pro bono—a move that occurred soon after Cheney and Hutchinson’s secret exchanges.
These revelations come at a time when Cheney’s political future remains uncertain. Once a key figure in the Republican Party, her role in the January 6 committee and her outspoken criticism of Trump led to her loss in the Wyoming GOP primary. Now, with these legal and ethical concerns emerging, Cheney faces an even more precarious situation, which could tarnish her legacy and further complicate her standing in legal and political circles.