WASHINGTON, D.C. – Today, on behalf of its client, Stefan Passantino, America First Legal (AFL) filed a D.C. bar complaint against former Congresswoman and Vice Chair of the U.S. House Select Committee on the January 6 Attack, Elizabeth “Liz” Cheney, following findings by House Administration Oversight Subcommittee Chairman Barry Loudermilk revealing that the former Congresswoman used the encrypted messaging app Signal to send communications to Cassidy Hutchinson, a represented witness before the January 6 Committee.
The report states, “[A]ccording to text messages between Hutchinson and Farah Griffin obtained by the Subcommittee, Cheney agreed to communicate with Hutchinson through Farah Griffin. However, it appears that Cheney knew communicating with Hutchinson while Hutchinson was represented by an attorney and a subject of the Select Committee’s investigation without going through Hutchinson’s attorney would be unethical. This is evident by Farah Griffin’s test of Hutchinson that Cheney’s ‘one concern was so long ad [sic] you have counsel, she can’t really ethically talk to you without him.’”
Cheney’s knowledge of the ethical prohibition on her communicating with Hutchinson appears to be clear per the below Signal message:
The report further contends that “After her third transcribed interview Hutchinson reached out to Cheney directly.” Additionally, “When Hutchinson texted Cheney, she was still represented by Passantino . . . Cheney and Hutchinson communicated directly for days without Passantino’s knowledge.” These facts are revealed in the below images:
As such, Cheney appears to have violated the D.C. Bar Rule of Professional Conduct 4.2: “A lawyer shall not communicate or cause another to communicate about the subject of the representation with a person known to be represented by another lawyer in the matter, unless the lawyer has the prior consent of the lawyer representing such other person or is authorized by law or a court order to do so.”
AFL’s client, Stefan Passantino, is a former Deputy White House Counsel heading ethics and compliance issues in President Trump’s Office of White House Counsel who initially represented Cassidy Hutchinson before the January 6 Committee. Hutchinson appears to have been pressured by Cheney and others into manufacturing a narrative that Passantino had sought to influence her testimony in an effort to protect former President Trump — a claim that Passantino has denied. This claim has led to numerous bar complaints, including a D.C. bar complaint, being filed against AFL’s client by various interest groups in an attempt to revoke his law license and otherwise smear his name. These complaints were all investigated and dismissed without any discipline being imposed on Passantino. Prior to the allegations surrounding his representation of Hutchinson, Passantino had “never been accused by a client, or anyone else, of unethical or illegal behavior.” The House Administration Oversight Subcommittee report also obtained messages between Farah Griffin and Hutchinson where Hutchinson admitted that Passantino was acting in her best interest:
All the while, Cheney was illegally messaging Hutchinson — a direct violation of the D.C. Bar Rules of Professional Conduct.
Accordingly, following the new revelations in the House Administration Oversight Subcommittee report, AFL has filed this bar complaint against Cheney, as no lawyer, including a former member of Congress, is exempt from these professional ethical obligations.
Read the bar complaint here.
Photo Credit: Adobe Stock Images / Tupungato
