A bar complaint has been filed against former Congresswoman Liz Cheney by attorney Stefan Passantino, who previously represented Cassidy Hutchinson, a key witness in the January 6 investigation.
Rep. Liz Cheney, R-Wyo, gives her opening statement during the hearing.
The committee to investigate the January 6 attack on the United States Capitol resumes public hearings at the US Capitol on Oct. 13, 2022 in Washington DC.. Mandatory Credit: Jack Gruber-USA TODAY
The complaint, filed with the D.C. Bar, accuses Cheney of unethical communication with Hutchinson without Passantino’s knowledge or approval during her preparation for further testimony before the Democrat-led January 6 Select Committee.
The complaint comes after a Just the News report revealed that Cheney, who served as vice chairwoman of the committee, allegedly communicated with Hutchinson via the Signal messaging app without informing Passantino.
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Passantino has stated that he was unaware of the communications at the time and had not authorized them.
He is now calling for the bar to conduct an ethics investigation into Cheney’s actions.
These private communications were uncovered during an investigation by Republican Rep. Barry Loudermilk’s House Administration Subcommittee on Oversight.
This subcommittee is conducting a broader investigation into the security failures surrounding the events of January 6 and the subsequent partisan investigation led by the committee.
America First Legal, which is representing Passantino, issued a statement condemning Cheney’s actions.
Gene Hamilton, the organization’s executive director, said, “The Subcommittee’s report is shocking, and indicates that Elizabeth Cheney clearly communicated with Mr. Passantino’s client without his knowledge or approval.”
He further emphasized the damage done to Passantino’s reputation and career, stating that it appears Cheney’s actions were a driving force behind Hutchinson’s decision to change legal representation.
Hamilton also called for the bar to investigate Cheney’s conduct, stating it appeared to be a clear violation of the rules governing attorney ethics. “Mr. Passantino deserves justice, and we have asked that the bar investigate Representative Cheney’s conduct,” he said.
Loudermilk, who leads the oversight subcommittee, said that the uncovered messages provide evidence of Cheney’s unethical conduct and may have influenced Hutchinson’s decision to switch attorneys. “Our investigation has uncovered unethical back-channel communications between former Rep. Liz Cheney and Cassidy Hutchinson just before Hutchinson changed her sworn testimony,” Loudermilk said.
He added that as a licensed attorney, Cheney should have known the legal and ethical ramifications of communicating with a witness without their lawyer present.
Loudermilk further claimed that Cheney’s influence likely led Hutchinson to fire Passantino and switch to a new attorney, arranged by Cheney to represent her pro bono.
After changing legal counsel, Hutchinson revised portions of her previous testimony and added new details that were prominently featured in the final January 6 report.
Several of these new accounts were disputed by other witnesses, including the widely publicized story about then-President Trump allegedly trying to grab the steering wheel of his presidential vehicle on January 6.
This story was later refuted by the driver of the vehicle, but the Democrat-led committee still included it in its final report.
Passantino, who has denied any wrongdoing, was accused by Hutchinson of pressuring her to remain loyal to Trump.
American First Legal claims that Passantino has suffered significant harm to his reputation as a result of Cheney’s alleged violations of bar rules.
The D.C. Bar’s professional conduct rules prohibit a lawyer from communicating about the subject of representation with a person who is known to be represented by another lawyer without the prior consent of that lawyer or legal authorization.
Cheney, as a licensed attorney in Washington, D.C., could face an investigation into whether she violated this rule in her communications with Hutchinson.
The outcome of the complaint and whether the D.C. Bar will pursue an investigation remains to be seen, but the filing has added yet another layer of controversy surrounding the aftermath of the January 6 investigation and its key players.
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