House Republicans indicated Tuesday that they want a criminal prosecution against former Rep. Liz Cheney.
A report released Tuesday on the select committee that investigated the Jan. 6 riots at the U.S. Capitol, not only blasted the “failures and politicization” of the now-dissolved panel, but accuses Ms. Cheney of witness tampering.
The 128-page report, led by Rep. Barry Loudermilk, Georgia Republican, calls for an FBI investigation of Ms. Cheney regarding the testimony of Cassidy Hutchinson, a former White House aide.
“It is unusual — and potentially unethical — for a Member of Congress conducting an investigation to contact a witness if the Member knows that the individual is represented by legal counsel,” the interim report states.
The report notes that Ms. Hutchinson was advised by her first lawyer to tell the panel she didn’t remember much about the day’s events, but later doing an about face when she switched lawyers.
According to Mr. Loudermilk’s report, Alyssa Farah Griffin, another former White House aide, acted as a backchannel between the two women to change lawyers and testimony.
The report also notes that Ms. Hutchinson reached out to Ms. Cheney, who noted in her own book that she advised the aide to seek an attorney as “every witness deserves an attorney who will represent their interests exclusively.”
According to a report in the Hill, a successful prosecution of Ms. Cheney for witness tampering based on these facts would likely be a tall order.
For one thing, Ms. Cheney could invoke her immunity under the Speech or Debate Clause of the U.S. Constitution, which bars criminal charges or lawsuits against Congress members based on their work.
There are other problems.
“Witness tampering could also prove a difficult route in court, as such charges typically relate to encouraging a witness to lie or shift their story … while the report likewise suggests some aspects of Hutchinson’s testimony were inaccurate — including her relaying a story told to her by others claiming to have witnessed Trump lunge at his driver — it does not make any recommendations regarding her,” the Hill wrote.
Ms. Cheney blasted both the report as a whole and the call for an FBI investigation of her.
This “‘Interim Report’ intentionally disregards the truth and the Select Committee’s tremendous weight of evidence, and instead fabricates lies and defamatory allegations in an attempt to cover up what Donald Trump did. Their allegations do not reflect a review of the actual evidence, and are a malicious and cowardly assault on the truth. No reputable lawyer, legislator or judge would take this seriously,” she said.
• Victor Morton can be reached at vmorton@washingtontimes.com.
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