How Cassidy Hutchinson's testimony could lead to a seditious conspiracy charge against Trump

The gripping testimony of Cassidy Hutchinson before the Jan. 6 committee could provide federal prosecutors with the legal ammunition to charge former U.S. president Donald Trump with seditious conspiracy, some legal analysts say.

The ex-aide to former White House chief of staff Mark Meadows made a series of startling claims at the House committee's abruptly called hearing on Tuesday — the most potentially damaging of which was that Trump knew people gathering near the Capitol early on Jan. 6, 2021, had weapons. 

But he told officials to let them into a rally, still armed, after which they'd "march to the Capitol," Hutchinson said.

"The thing that really struck me was how directly it tied Trump to the violence, the assault on the Capitol itself," said Randall Eliason, a former assistant U.S. attorney for the District of Columbia.

"Pretty compelling, pretty damaging for Trump."

Only the Justice Department, which has been conducting its own investigation, can lay charges, but the House panel can send the department criminal referrals.

Prior hearings have focused on Trump's non-violent efforts to overturn the election, whether by pressuring state officials or Vice-President Mike Pence. But Hutchinson's testimony "was really the strongest evidence we had directly tying Trump into the mob violence in the Capitol," Eliason said.

Hutchinson quoted Trump as directing his staff, in profane terms, to take away the metal detectors, known as magnetometers or mags, that he thought would slow down supporters who'd gathered in Washington. 

"'They're not here to hurt me. Take the f-in' mags away. Let my people in. They can march to the Capitol from here," Hutchinson quoted Trump as saying.

Stuart Gerson who was acting U.S. attorney general during the early Clinton administration, says that's significant.

"Arguably to a jury you can say — with an evidentiary reason for saying it — that he joined the conspiracy," Gerson said.

Previously, Trump's role in trying to prevent Congress from certifying the 2020 presidential election has led to speculation that he could face charges of conspiracy to defraud the United States and conspiracy to obstruct congressional proceedings.

However, Hutchinson's testimony suggests a potential case against him for seditious conspiracy — an effort to overthrow the government by force — some analysts say. The Justice Department has laid some seditious conspiracy charges against leaders of the Proud Boys and OathKeepers for their role in the riot.

Glenn Kirschner, also a former assistant U.S. attorney for the District of Columbia, thought Hutchinson's evidence is "a bit of a game-changer" because Trump was told the crowd was armed and dangerous.