By John Podhoretz
Wednesday, June 29, 2022
The testimony this afternoon of Cassidy Hutchinson, the
aide to Trump chief of staff Mark Meadows, cannot be dismissed. If what she has
testified to, sworn under oath, is not countered or contradicted by Meadows or
Trump’s White House counsel Pat Cippolone—either under oath themselves or
eventually before a grand jury—then there is a credible criminal case that Trump
violated the law in ways not dealt with by the second impeachment, and from
which he would not be shielded by executive privilege. It’s possible her memory
is faulty, or that she is a fantasist and that none of this happened. But she
has reported directly on things that went on inside the White House and around
the Oval Office on January 5 and January 6 that go beyond the merely
circumstantial.
The case the January 6 committee is building in a far
more painstaking manner than anyone could have expected is that Trump knowingly
encouraged the formation of and participated in the forward deployment of a
crowd he knew was armed. He was told so on January 6. We also know now that
Trump had told Meadows to make contact on January 5 with Roger Stone and
Michael Flynn, both of whom were communicating with the Proud Boys and the Oath
Keepers—some of whose leaders have been charged with seditious conspiracy. We
also know that Meadows told Hutchinson he was going to go to the suite
personally but she either changed his mind or he did and he called instead.
What was said on the call we do not yet know.
Hutchinson testified that Trump was told by the Secret
Service they were making the crowd at the rally on January 6 go through
magnetometers because they were armed. Trump was angered by this, something she
knew because she was “in the vicinity of a conversation where I overheard the
president say something to the effect of, ‘You know, I don’t f-ing care that
they have weapons. They’re not here to hurt me. Take the f-ing mags away. Let
my people in. They can march to the Capitol from here. Let the people in. Take
the f-ing mags away.’”
He also wanted to drive to the Capitol in the lead and
physically tussled with the Secret Service in his SUV when they weren’t going
to do so because they could not guarantee his safety. She testified that
Cippolone told her if Trump marched to the Capitol, “We’re going to get
charged with every crime imaginable.” And she reported Meadows saying of the
chant to hang Vice President Mike Pence that Trump “doesn’t want to do
anything,” and that “he thinks Mike deserves it. He doesn’t think they’re doing
anything wrong.”
You’re going to hear people call this “hearsay.” It is
not hearsay. It is direct testimony of contemporaneous things said in
Hutchinson’s earshot about events that were taking place while she was
listening.
And here’s the rub for Trump. He has so far been
protected by Meadows and Cippolone because they have refused to testify to the
committee under claims of executive privilege—that Congress does not have the
power to force them to speak about their direct conversations with the
president or the actions they may have taken under his direct authority because
the executive branch is not subordinate to the legislative branch. But
they can testify if they choose. If they do not, they will, in
essence, be allowing Hutchinson’s testimony to stand. If they do, and they do
not say everything she said was a lie, her testimony will stand and be
bolstered by them. And if they testify and say their recollections of the days
were different, they will have to report in what way they were different—and
will not be able to refuse to answer questions they find uncomfortable.
But if they do remain silent and Hutchinson’s testimony
is not somehow rebutted, they can be made to testify if
Attorney General Merrick Garland convenes a grand jury on the basis of the
revelations of the January 6 committee and subpoenas them. Failure to testify
under those conditions will lead to prison time.
I did not think this day would come. I have said as much
on our podcast many times. But as a result of the bombshells today, there’s no
question now that Donald Trump is staring down the barrel of an indictment for
seditious conspiracy against the government of the United States.
And I haven’t even gotten to the possible witness
tampering!
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