For two hours, Cassidy Hutchinson, a former White House staffer, gave a devastating account Tuesday of the actions and state of mind of former President Donald J. Trump on January 6, 2021 and in the days before.
Her testimony before an elected House of Representatives committee and national television audiences raised a series of issues that are sure to be at the center of an ongoing investigation by the commission, federal prosecutors and others seeking to clarify Mr Trump’s efforts to reverse your election loss and remain in force.
Here are some of the key issues posed by her testimony.
What does this mean for possible prosecution?
Ms Hutchinson told the committee that moments before Mr Trump took the stage to deliver his speech at the Ellipse on the morning of January 6, he was informed that the people in the crowd were armed with various weapons.
She said he responded by insisting that security measures be taken to allow his supporters to fill the area around the stage. And she testified that Mr. Trump said he was not in danger because the crowd supported him and that people there could continue to march toward the Capitol.
Legal experts said the testimony provided more evidence to support a possible prosecution, suggesting that Mr Trump was aware of the potential for violence, but continued to urge his supporters to head to the Capitol. During his speech, Mr. Trump encouraged the crowd to “fight like hell” and march to where Congress certifies the results of the Electoral College – even promising to join them.
The Justice Department has not said anything explicit about any investigation focused on Mr Trump. But lawyers have identified a number of potential charges against him, including obstructing Congress, conspiracy and incitement.
For months, the Justice Department has documented in court documents how the rebels accused of the attack claimed to have obeyed Mr. Trump’s orders when they descended and violated the Capitol. Ms Hutchinson’s testimony could lead Mr Trump into a conspiratorial relationship with members of the Mafia, lawyers said, suggesting that he had prompted them to take action, although he was aware that they posed an immediate threat.
How the Ministry of Justice will proceed is perhaps the biggest question of all.
What happened in the presidential car?
No part of Ms. Hutchinson’s testimony electrified the hearing room, as did her detailed account of a story she said she was told that Mr. Trump insisted he be taken to the Capitol in his armored car when he spoke. his Ellipse is over.
Ms. Hutchinson recalled being told by Anthony Ornato, deputy chief of staff of the White House, that after Mr. Trump’s bodyguards told him he could not go to the Capitol, the president “threw himself into steering wheel and then hit or grab his chief agent Robert Engel. Mr. Trump was not in the armored limousine known as the Beast, as Ms. Hutchinson hinted, but in the SUV that presidents sometimes drive.
Secret Service officials, speaking on condition of anonymity, said both Mr Engel and Mr Ornato would dispute that Mr Trump tried to grab the steering wheel of the car or that Mr Engel was hit. They said the two men would not dispute that Mr. Trump wanted to be taken to the Capitol because angry pro-Trump protesters, some of them armed, headed in that direction and Congress was convened to ratify, that he had lost the election and that Joseph R. Biden Jr. would be the next president.
Both Mr Engel and Mr Ornato appeared in private before the committee. It is not clear when they will reappear to answer questions about Ms. Hutchinson’s testimony. It is also not clear when the commission first heard the story of Mr. Trump’s actions in the vehicle from Ms. Hutchinson.
Ms Hutchinson made it clear in her public testimony that she had no direct information about the incident and it remains unclear what, if any, the commission did to confirm it. However, Mr Trump’s allies now point to this as a mistake by the commission and use it to undermine the veracity of its testimony.
Did Trump’s allies try to intimidate witnesses?
For months, the commission speculated that Mr. Trump or someone close to him may have tried to influence potential witnesses. Its members speculate, for example, that Mr. Trump may have influenced the refusal of Representative Kevin McCarthy, a Republican leader in the House of Representatives, to cooperate in the investigation.
On Tuesday, Liz Cheney, a Republican from Wyoming and vice president, showed two examples of unnamed people linked to Mr. Trump trying to influence witnesses. One witness was told to “protect” certain people in order to “remain in good hands in the world of Trump.” In the other example, a witness was encouraged to remain “loyal.”
“Most people know that trying to persuade witnesses to testify falsely is a very serious concern,” Ms Cheney said. “We will discuss these issues as a committee and carefully consider our next steps.
It is unclear whether the commission referred the incidents to the Ministry of Justice for investigation or possible prosecution. According to Punchbowl News, Ms. Hutchinson was one of the people who received such a warning. Her lawyer did not respond to a message with a request for comment.
Mr Trump and his advisers have been screened in previous situations for reportedly trying to influence witnesses. In 2017, Mr. Trump’s lawyer in the investigation into whether his campaign conspired with Russian officials in 2016 shook the prospect of pardoning two investigators, Michael T. Flynn and Paul Manafort. And in 2018, Mr. Trump’s public statements regarding Michael D. Cohen, his former personal lawyer who was being investigated by federal prosecutors, were seen as possible acts of obstruction of justice.
How did Trump and his aides react to the violence?
One of the biggest questions is what exactly Mr. Trump did in the 187 minutes of the attack and what exactly the White House is doing to fight it. According to Ms. Hutchinson, the answer was: not much.
On the day of the attack, Mr Trump rejected efforts by his aides and family members, including his daughter Ivanka, to issue a statement telling the mob to step down. Instead, he posted on Twitter, attacking Mr. Pence.
“Mark, we need to do more,” Ms. Hutchinson said, having heard White House adviser Pat Chipolon tell Mark Meadows, chief of staff, as he rushed into her office after supporters of Mr. Mr. Trump began entering the Capitol. “They are literally calling for the vice president to be hanged.
“You heard him, Pat,” she said, Mr. Meadows replied, referring to Mr. Trump. “He thinks Mike deserves it. He doesn’t think they’re doing anything wrong. “
Key revelations from the January 6 hearings
Are her testimonies credible?
Given the stakes, it is not surprising that Trump’s allies, in particular, are seeking to drill holes in Ms. Hutchinson’s testimony in order to undermine her credibility. The allegations by unnamed Secret Service officials challenging her account of what happened in Mr Trump’s car provided one way for Mr Trump’s supporters to raise questions about her reliability.
Her relative youth – she is 26 years old – denies malice and intelligence, her former colleagues said. A former colleague, Sarah Matthews, who was deputy spokeswoman, stood by Mrs. Hutchinson and praised her for her bravery.
But another former colleague challenged a different part of her testimony. Eric Hershman, a lawyer who worked at the White House and testified in private before the commission, said in a statement that he was the author of a note that Ms. Hutchinson testified was wrote by hand. The note suggests a language that Mr. Trump will use to stop the crowd storming the Capitol.
The note was written on a “Chief of Staff” form and read: “Anyone who enters the Capitol without proper permission must leave immediately.” Ms Hutchinson testified that this was her handwriting and that Mr Hershman had suggested edits.
However, a spokesman for Mr Hershman said: “The handwritten note that Cassidy Hutchinson testified was written by her, it was actually written by Eric Hershman on January 6, 2021. Others familiar with the note said that Mr. Mr. Hershman was identified as its author months ago.
A person familiar with what happened said that while Mr. Meadows and Mr. Trump were in the small dining room next to the Oval Office, Mr. Hershman came in and said they had to issue a statement “immediately” and went into Mr. Hershman. Meadows’ office nearby to pick up a note card. He returned and wrote a message reading aloud that the rebels had been in the Capitol “illegally.” “How do you find it illegal?” Mr. Meadows asked. Mr. Hershman replied, scribbling that word.
A spokesman for the committee said the group understood that there was conflicting testimony as to who wrote the note, but lawmakers said Ms. Hutchinson was truthful and that “what ultimately matters is that both employees the White House believes the president should have immediately instructed his supporters to leave the Capitol building. The note remembers this. But Mr. Trump did not take that action at the time. “
The fact that two people claim to have written the same note captures the difficulty of assessing the exact picture surrounding the events of January 6, but will also add to the questions about Ms. Hutchinson’s memoirs.
Alan Foyer contributed to the reports.
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