House Democrats argue GOP Jan. 6 report defamed Cheney

A report from House Democrats is refuting GOP claims that former Republican Rep. Liz Cheney (R-Wyo.) acted inappropriately by being in touch with star witness Cassidy Hutchinson, arguing a Republican report amounts to defamation.

The Democrats' report, released four years after the attack, comes after House Administration subcommittee Chair Barry Loudermilk (R-Ga.) urged an FBI investigation of Cheney for witness tampering.

Democrats pointed to prior testimony from Hutchinson to the now-disbanded Jan. 6 committee as well as a previously unreported letter from her attorney indicating she had fired her former attorney before reaching out to Cheney.

The two documents undercut GOP claims that Hutchinson was still represented by Stefan Passantino when the two women were in touch — conversations that could otherwise raise ethical questions.

“Ms. Hutchinson made the independent decision to terminate her then-counsel of her own accord given the conflict of interest she perceived and represent herself because she did not believe Mr. Passantino was representing her best interests,” William Jordan, Hutchinson’s current attorney, wrote.

The letter from Hutchinson’s attorney was submitted after America First Legal, a conservative nonprofit founded by Trump adviser Stephen Miller, filed a complaint against Cheney with the D.C. bar in October.

Loudermilk’s recommendation for an investigation into Cheney would face numerous roadblocks, but the move nonetheless comes as President-elect Trump and others have called for retribution against the Wyoming Republican.

The text messages in Loudermilk’s report show it was Hutchinson who first contacted Cheney.

And while Speech and Debate Clause protections would likely forestall any prosecution of Cheney, who was a House lawmaker at the time, witness tampering charges would also be difficult to advance. The statute deals with those who pressure witnesses to provide false testimony.

Though contacting a potential witness without their attorney could raise ethical concerns, Cheney advised Hutchinson to secure a new lawyer before returning to the committee to offer additional testimony.

Hutchinson agreed to testify publicly in a blockbuster hearing after saying Passantino encouraged her to not be forthcoming with the panel.

Administration Democrats called Loudermilk’s assertions “maliciously false” as well as “absurd” and said Speech and Debate Clause protection likewise shields him from what they said would otherwise be liability for defamation.

“Vice Chair Cheney acted with integrity and professionalism when approached by a witness with relevant facts. After being informed that this witness was no longer represented by an attorney and that she wanted to provide the Select Committee with additional information while acting as her own attorney, the Vice Chair suggested that she consider retaining independent counsel before testifying again,” Administration Democrats wrote in their report.

“This again demonstrates that Vice Chair Cheney was not involved in shaping Ms. Hutchinson’s testimony.”

Loudermilk billed his report as a review of the “failures and politicization” of the panel. The Georgia lawmaker was also reviewed by the former committee after he gave Capitol tours to two men who later marched to the building on Jan. 6, 2021.

"House Democrats still cannot admit reality. Their new report is an emotional retelling of the same narrative the Democrats, led by Liz Cheney and Nancy Pelosi, created in an attempt to legislatively prosecute Donald Trump,” Loudermilk said in a Monday statement.

“I have spent the last two years uncovering the truth and they simply refuse to accept any element of it.”