Representing Donald Trump’s former head ethics deputy counsel Stefan Passantino, America First Legal (AFL) filed a bar complaint recently against former Rep. Liz Cheney for secretly communicating with a key J6 witness. Passantino represented Cassidy Hutchinson, a former White House aide who Cheney held secret discussions with over the encrypted messaging app Signal, despite the fact she was represented by Passantino in J6 matters.
House Administration Oversight Subcommittee Chairman Barry Loudermilk released a report on October 15 that prompted the complaint. He said, “[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.’”
The complaint said that Cheney and Hutchinson next began talking directly, and their talks continued for days without Passantino’s knowledge. “Mr. Passantino did not authorize the communication, nor was it otherwise authorized by law.” It included numerous screenshots of the chats between the pair.
The text messages between Hutchinson and intermediary Griffin revealed that Hutchinson admitted that Passantino was acting in her best interests.
The bar complaint alleged that Cheney violated D.C. Bar Rule of Professional Conduct 4.2. It states, “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.”
Even if Hutchinson agreed to talk to Cheney without her attorney present, she did not have the authority to waive the rule. AFL cited the commentary to the rule, “This rule applies even though the represented person initiates or consents to the communication. A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this rule.”
The complaint refuted the defense that Cheney’s actions were protected by the Speech or Debate privilege or other constitutional protections. AFL said Cheney’s actions went beyond “purely legislative activities” protected by the privilege; she was acting “in a manner only “causally or incidentally related to legislative affairs.’”
The complaint said the actions of the J6 committee were not constitutionally protected since the committee lacked authority due to failing to comply with appointment rules. The House Select Committee was required to appoint 13 members, but only appointed nine. Nor did it include a ranking minority member as required. Cheney did not qualify for that position, since “[t]he position of vice chair is fundamentally distinct and functionally different from that of a ranking minority member, as clearly understood by House Rules, conference and caucus rules, and precedent.”
AFL issued a statement accompanying the bar complaint which said in part, “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.”
Backing Passantino up, Hutchinson testified that he did not instruct her to lie. Former Special Counsel Mueller prosecutor Andrew Weissmann posted on social media in September 2023 that Passantino “coached [a Congressional witness] to lie.” Passantino filed a libel lawsuit against Weissman over the statement. Hutchinson testified to the J6 committee about the accusation, “I want to make this clear to [the Select Committee]: Stefan [Passantino] never told me to lie.” Passantino’s libel lawsuit is moving forward, since the U.S. District Court for the District of Columbia denied Weissman’s motion to dismiss the lawsuit in September.
As a result of the accusation, special interest groups filed bar complaints against Passantino, AFL said. However, disciplinary panels in both Washington D.C. and Georgia cleared him of any charges earlier this year. AFL said Passantino had never even been accused of unethical behavior before the complaints. “Mr. Passantino — an experienced attorney with an impeccable record — has suffered tremendous damages because of this apparent violation of Rule 4.2,” the complaint alleged. “Our client’s reputation and credibility were harmed by Ms. Cheney’s untoward and unethical conduct.”
Passantino founded Elections LLC in 2019 to advise President Trump’s 2020 campaign and other Republican candidates. He co-chaired Lawyers for Trump in 2020. After The 65 Project’s director, Michael J. Teter, filed a bar complaint against him over his representation of Hutchinson, Passantino filed his own bar complaint against Teter with the Utah State Bar, accusing Teter of engaging in politically motivated lawfare.
Cheney, who supported the second impeachment against Trump, was removed from her position as House Republican Conference chair in May 2021 after her ongoing criticism of Trump. She lost reelection in a landslide in 2022 in Wyoming’s Republican primary, getting just 29.9 percent of the vote against Trump-endorsed Harriet Hageman. Her membership in the Wyoming Republican Party was revoked in November 2021, and the Republican National Committee censured her in February 2022. She endorsed and campaigned for Kamala Harris in the 2024 presidential election.
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Rachel Alexander is a reporter at The Arizona Sun Times and The Star News Network. Follow Rachel on Twitter / X. Email tips to [email protected].
Image “Liz Cheney” by Liz Cheney and “Texts” by America First Legal.
