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Jan. 6 committee member asks why the DOJ hasn't subpoenaed star witness Cassidy Hutchinson

trump jan 6 committee
Video of former President Donald Trump is played during a hearing by the Select Committee in Washington, DC, on June 13, 2022. Chip Somodevilla/Getty Images

  • Rep. Zoe Lofgren criticised the DOJ's efforts to investigate the January 6, 2021, insurrection.
  • Lofgren questioned why the DOJ hadn't subpoenaed star witness Cassidy Hutchinson. 
  • A report last week claimed the DOJ was surprised when Hutchinson testified to the Jan. 6 panel.
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Rep. Zoe Lofgren, a member of the Jan. 6 Committee has claimed the Justice Department is dragging its feet in its investigation of the Capitol riot.

She also questioned why it had not subpoenaed a witness who provided damaging testimony about former President Donald Trump.  

Lofgren, a California Democrat, made the claims in an appearance on NBC News' "Meet the Press" on Sunday, where she discussed last week from former White House aide Cassidy Hutchinson.

Some analysts have said Hutchinson's appearance strengthens the possibility of Trump facing criminal charges. 

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In the interview, Lofgren was asked about a New York Times report last week claiming that DOJ officials were surprised by what Hutchinson told the committee.

In her testimony, Hutchinson claimed that Trump had sought to lead a mob he knew to be armed to the Capitol on Jan. 6, but was stopped by the Secret Service. 

The Times report highlighted apparent tensions between the committee and the DOJ as they pursue parallel inquiries into the riot.

The Times's sources said the committee had not shared recorded evidence by Hutchinson before her live testimony last week. 

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In response, Lofgren said: "We're not an arm of the Department of Justice. We're a legislative committee. They have subpoena power. They could subpoena Ms. Hutchinson. I'm surprised they had not done so...

"What are they doing over there? They have a much greater opportunity to enforce their subpoenas than our legislative committee does."

After winding up its investigation, the committee is due to make a decision on whether to criminally refer Trump to the DOJ.

The referral is not binding, and the DOJ would then make its own decision on whether to investigate and potentially indict Trump.

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However Attorney General Merrick Garland would likely face a accusations from Republicans of using the DOJ to pursue partisan political aims if it were to investigate Trump, and the department has traditionally been wary about investigating US presidents. 

Trump has denied wrongdoing in relation to the Capitol riot, claiming Hutchinson is lying and that he sincerely believed his claims victory was stolen from him in 2020 because of election fraud.

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