Former White House Lawyer Disputes Hutchinson Testimony on Note

Former White House Lawyer Disputes Hutchinson Testimony on Note lawyer eric herschmann is displayed on a television An image of former White House lawyer Eric Herschmann is displayed during a hearing held by the committee investigating the Jan. 6, 2021 attack on the U.S. Capitol. (Tom Brenner/Getty Images)

By Sandy Fitzgerald | Wednesday, 29 June 2022 09:45 AM

Former Trump White House lawyer Eric Herschmann says he, not ex-White House aide Cassidy Hutchinson, had written a note about a potential statement for then-President Donald Trump to issue while the Jan. 6, 2021 attack on the Capitol was underway, according to sources.

A spokesman for the attorney confirmed that "the handwritten note that Cassidy Hutchinson testified was written by her was in fact written by Eric Herschmann on January 6, 2021," reports ABC News.

Further, the network's sources said the attorney had previously told the committee that he had written the note, and his spokesman said that "all sources with direct knowledge and law enforcement have and will confirm that it was written by Mr. Herschmann."

Hutchinson, testifying Tuesday before the House Select Committee investigating Jan. 6, testified that she wrote the note after Trump's then-chief of staff Mark Meadows, her boss, handed her a note card and told her to write down what he was saying, reports ABC News.

"That's a note that I wrote at the direction of the chief of staff on Jan. 6, likely around 3 o'clock," she said after Rep. Liz Cheney, R-Wyo., showed the note and asked her if it was her handwriting on Meadows' note card.

"That's my handwriting," Hutchinson confirmed to Cheney.

She said Meadows had handed her a pen and the note card and that he'd started dictating the potential statement for Trump to release while the attack was going on.

She also testified that Herschmann, a West Wing senior advisor who defended Trump in his first impeachment, suggested changing the statement to have it read "without legal authority."

A spokesperson for the Jan. 6 committee, however, said it "has done its diligence" and that it finds Hutchinson's testimony about the card credible.

"While we understand that she and Mr. Herschmann may have differing recollections of who wrote the note, what's ultimately important is that both White House officials believed that the President should have immediately instructed his supporters to leave the Capitol building," the spokesperson said. "The note memorialized this, but Mr. Trump did not take that action at the time."

Herschmann's testimony has also been relied on during the hearings throughout June, including his comments that he had shot down plans from former Trump Justice Department official Jeffrey Clark to overturn the 2020 presidential election.

Hutchinson's attorney nor Meadows responded to ABC News' request for comment.

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