Special Poll
Former President Donald Trump has increased his focus on Liz Cheney, the former Republican Representative from Wyoming, as he suggests she should face prosecution for her role on the now-defunct House Jan. 6 Committee. This follows a report from a House subcommittee accusing Cheney of improper contact with Cassidy Hutchinson, a key witness in the investigation.
Trump has taken to social media to accuse Cheney of criminal actions while leading the committee, calling her involvement “egregious” and suggesting her actions were detrimental to the Republican Party. He has criticized her for supporting the committee’s investigation, which he claims helped Democrats lose the election.
However, prosecuting Cheney would likely be difficult. Hutchinson initially reached out to Cheney, and any communications Cheney had with her could fall under the protections provided by the Constitution’s Speech or Debate Clause. The clause protects lawmakers from prosecution or investigation related to their legislative duties, including their work in investigations. This means that Cheney, as a former member of Congress, is shielded from prosecution for actions related to her legislative duties, including her involvement in the Jan. 6 investigation.
Nevertheless, the report by Rep. Barry Loudermilk, a Republican from Georgia, calls for a criminal investigation into Cheney. It argues that Cheney’s contact with Hutchinson, who had been represented by a lawyer funded by Trump’s legal defense fund, may have violated witness tampering laws. The report also suggests that it was improper for Cheney to reach out to Hutchinson, especially given that the witness had legal representation.
Despite these claims, legal experts argue that Cheney’s actions do not constitute a crime. Rep. Jamie Raskin, a Democrat and former constitutional law professor, defended Cheney’s actions, saying that it is not illegal for a lawmaker to encourage someone to testify truthfully. The Speech or Debate Clause, he explained, grants members of Congress protections while performing their legislative duties, which includes interactions with witnesses.
Critics of the report, including former federal prosecutor Elie Honig, argue that the allegations against Cheney are politically motivated. Honig pointed out that there is no evidence Cheney engaged in witness tampering or suborned perjury. He also noted that the report by Loudermilk, which seeks to discredit the Jan. 6 committee, fails to provide substantial evidence for its claims.
While Republicans continue to attack Hutchinson’s testimony, especially regarding her account of Trump’s behavior during the Capitol riot, Hutchinson stands by her testimony and has defended her decision to part ways with her previous attorney. She remains committed to telling the truth about the events of January 6.
For any prosecution of Cheney to move forward, Hutchinson’s cooperation would likely be necessary, but she has declined to participate in ethics complaints related to her former lawyer.