Liz Cheney Accused of Unethical Communications with Key Witness

Allegations Against Liz Cheney

Liz Cheney, the former J6 Committee Co-Chair and Representative, has been under scrutiny for her alleged role in creating a biased and sometimes inaccurate record of the events of January 6th. This includes accusations of omitting Trump's call for peaceful protest, disregarding evidence of Trump's offer to supply National Guard support for the day, and promoting a disputed account of Trump in his presidential limo that was refuted by witnesses. Cheney is now facing allegations of unethically contacting a crucial represented witness to influence her testimony. Although ethical proceedings are unlikely following the revelation of ex parte communications with former Trump aide Cassidy Hutchinson, the evidence appears to contradict public accounts of how Hutchinson decided to dismiss her counsel and alter her testimony.

Hutchinson's Testimony and Counsel

Stefan Passantino represented Hutchinson, and some viewed him as an obstacle to persuading Hutchinson to turn against Trump. Hutchinson alleged under oath that Passantino pressured her to remain "loyal" to Donald Trump and guided her responses to support Trump, despite her conflicting accounts. However, recently disclosed evidence allegedly contradicts this account, including Hutchinson telling former Trump aide (and now The View co-host) Alyssa Farah Griffin that Passantino was not against her complying. Griffin reportedly agreed with Passantino's approach and offered to tip off Cheney. Hutchinson later dismissed Passantino and testified to allegations that have been challenged as untrue. This includes the limo allegation that Cheney and others repeatedly raised. Hutchinson recounted the story that Trump allegedly took control of the vehicle after the Secret Service reportedly refused to take him to the Capitol.

Cheney's Role and Ethical Concerns

Cheney and the Committee were aware that the account was directly and clearly refuted by the driver of the vehicle. However, they buried his account and highlighted that claim in its final report as being credible. The new allegation involves the communications leading up to that changed testimony. Rep. Barry Loudermilk, R-Ga., chairman of the House Administration oversight subcommittee, has released new evidence alleging that Cheney used an encrypted phone app to bypass defense counsel in speaking with Hutchinson. Rule 4.2 of the Rules of Professional Conduct states that a lawyer should not communicate about the subject of the representation with a person known to be represented by another lawyer in the matter, unless the lawyer has prior consent or is authorized by law or a court order to do so. Cheney is a D.C. licensed lawyer.

Cheney's Response to the Allegations

Cheney has claimed that it was Hutchinson who reached out to her and indicated that she was severing her counsel. As an investigating member of Congress, she had an institutional interest, if not a duty, to pursue witnesses. In her memoir, Cheney stated that it was Hutchinson who contacted her directly after her third interview. Cheney expressed sympathy for Hutchinson's situation but did not want the committee to advise her on what to do next. She suggested that Hutchinson could consult another lawyer and seek independent advice on how to proceed.

Bottom Line

In conclusion, these communications raise ethical concerns. Cheney should have worked through new counsel, and proposing alternative counsel raises additional concerns given Cheney's interest in having the witness turn against Trump. She could have waited for new counsel to communicate with her and the Committee. Alternatively, Hutchinson could have dismissed her counsel and formally contacted the Committee as an unrepresented party. The ethical rules are designed to prevent this type of unclear representational situation. However, it is doubtful that this will result in any ethical proceedings against Cheney. What do you think about these allegations against Liz Cheney? Share your thoughts and this article with your friends. Don't forget to sign up for the Daily Briefing, which is available every day at 6pm.