Liz Cheney Faces Allegations of Unethical Conduct on Jan. 6 Committee After Texts Emerge

Former GOP Rep. Liz Cheney is facing allegations of unethical behavior after text messages surfaced showing that she communicated with Cassidy Hutchinson, a key witness in the House January 6 Committee's investigation, without the knowledge of Hutchinson’s attorney. The new revelations, brought to light by Republican Rep. Barry Loudermilk, have raised questions about Cheney’s role in shaping Hutchinson’s testimony against former President Donald Trump.

Loudermilk, chair of the House Subcommittee on Oversight, released the text messages between Cheney and Hutchinson, which took place before Hutchinson gave her now-infamous testimony. In her statements, Hutchinson recounted second-hand claims that Trump had lunged for the steering wheel of the presidential limousine on January 6, 2021 a claim that has since been refuted by the Secret Service.

Hutchinson was initially represented by attorney Stefan Passantino for the first three of her six interviews with the committee. However, text messages show that Cheney began communicating with Hutchinson, both directly and through Alyssa Farah Griffin, a former Trump aide, without Passantino's knowledge.

• Hutchinson contacted Cheney through the encrypted app Signal and reportedly started communicating with her, despite her attorney’s absence.

• Farah Griffin confirmed that Cheney had concerns about communicating with Hutchinson while she still had legal counsel, acknowledging the ethical dilemma in a message to Hutchinson.

• Cheney eventually recommended that Hutchinson fire Passantino and provided her with new legal representation, which Hutchinson accepted.

Legal experts point out that Cheney, as a member of the Washington, D.C. bar, may have violated a rule that prohibits attorneys from communicating with a person represented by another lawyer without that lawyer’s consent. The D.C. bar’s rules of professional conduct state that lawyers “shall not communicate about the subject of the representation with a person known to be represented by another lawyer in the matter” unless certain legal conditions are met.

Loudermilk emphasized that after Cheney’s involvement, Hutchinson’s testimony became far more damaging to Trump, citing claims that relied heavily on second- and third-hand accounts. The congressman also pointed out that Cheney acknowledged in her own book that advising witnesses on legal representation could compromise the committee's investigation, yet failed to disclose her role in Hutchinson’s change of attorneys.

Hutchinson later confirmed Cheney’s involvement in her own memoir, "Enough," where she detailed how Cheney advised her to fire Passantino and provided a list of alternative attorneys who would represent her pro bono.

Passantino, meanwhile, denied any knowledge of Cheney’s communications with his client and has filed a lawsuit against Congress over the matter.

The ethical concerns surrounding Cheney’s conduct have sparked new questions about the integrity of the January 6 Committee’s proceedings, as Hutchinson’s dramatic testimony was pivotal in building the case against Trump. Loudermilk argued that Cheney’s actions not only violated legal ethics but also played a crucial role in shaping the narrative presented by the committee.

As these revelations come to light, Cheney, Hutchinson, and Farah Griffin have publicly supported Vice President Kamala Harris and have been actively campaigning for her in key swing states, further complicating the political landscape ahead of the 2024 election.

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