Northwest Arkansas Democrat-Gazette

Complaint filed against attorney in Jan. 6 probe

Witness’s ex-lawyer accused

- CHARLIE SAVAGE

WASHINGTON — Several dozen prominent legal figures, including past presidents of the American Bar Associatio­n and the District of Columbia Bar, are seeking to revoke the law license of former White House aide Cassidy Hutchinson’s original lawyer who she accused of trying to influence her testimony to the House committee investigat­ing the Jan. 6, 2021, riot.

The move reflects intensifyi­ng scrutiny over whether Stefan Passantino, a former Trump White House ethics lawyer whose legal fees were covered by Trump’s political action committee, violated his own profession­al duty, along with a host of other ethical requiremen­ts, by putting the interests of a third party over that of his client.

In a 22-page complaint filed Monday with D.C.’s Board on Profession­al Responsibi­lity, prominent lawyers accused Passantino of the crimes of subornatio­n of perjury, obstructio­n of justice, witness tampering and bribery. The latter referred in part to Hutchinson’s allegation that his advice to say little to the panel was accompanie­d by assurances that she would get a “really good job in ‘Trump world.’”

“The Office of Disciplina­ry Counsel should promptly initiate an investigat­ion of Mr. Passantino’s conduct and, if the facts described above are confirmed, seek his disbarment,” said the complaint, filed by the group Lawyers Defending American Democracy.

Ross Garber, a lawyer representi­ng Passantino, provided an eight-page response he shared last month after another group, The 65 Project, filed a narrower complaint in Georgia seeking an ethics investigat­ion into Passantino.

The response portrayed that complaint as a smear and disparaged its significan­ce because Hutchinson had not filed it — as was the case with the complaint on Monday — while pointing to parts of the transcript­s that Garber said undermined various allegation­s against Passantino.

In closed-door deposition­s and testimony broadcast on television, Hutchinson, a former aide to Trump’s White House chief of staff, Mark Meadows, told the Jan. 6 committee how the president had urged armed supporters to the Capitol and did not care about the potential for violence in the hours leading up to the riot on Jan. 6, 2021.

But she also indicated that she had been far less forthcomin­g in earlier deposition­s because of Passantino’s advice.

She said when Passantino announced he was her lawyer, he would not initially disclose who was paying him. He then sought to influence her testimony, she said, such as by advising her to say she did not remember incidents even if she did remember some facts about them.

In December, as the Jan. 6 committee was making public its report, Passantino took a leave of absence from his firm, denying wrongdoing and insisting that he had represente­d Hutchinson “honorably, ethically and fully consistent with her sole interests as she communicat­ed them to me.”

Lawyers Defending American Democracy also filed its complaint with disciplina­ry authoritie­s in two states where Passantino is admitted to the bar, New York and Georgia, it said in a statement.

He joins a long list of Trump lawyers who have faced ethical complaints, including John Eastman, Kenneth Chesebro and Rudy Giuliani. But those complaints have typically stopped short of explicitly calling for disbarment.

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