America First Legal (AFL) has filed a complaint with the D.C. Bar on behalf of Stefan Passantino against former Congresswoman Liz Cheney. The complaint arises from findings by House Administration Oversight Subcommittee Chairman Barry Loudermilk, which indicate that Cheney communicated via the encrypted messaging app Signal with Cassidy Hutchinson, a witness before the January 6 Committee who was represented by Passantino.
The report highlights a message from Farah Griffin to Hutchinson stating, "Cheney's 'one concern was so long ad [sic] you have counsel, she can't really ethically talk to you without him.'" Despite this understanding, it is alleged that after Hutchinson's third transcribed interview, she reached out to Cheney directly and continued communication without Passantino's knowledge.
This conduct is said to breach 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.”
Passantino previously served as Deputy White House Counsel dealing with ethics and compliance under President Trump and initially represented Hutchinson during her testimony before the January 6 Committee. It is claimed that Cheney and others pressured Hutchinson into suggesting that Passantino tried to influence her testimony in favor of former President Trump — an allegation he denies.
These allegations led to several bar complaints against Passantino aimed at revoking his law license; however, all were dismissed without any disciplinary action. Prior to these events, Passantino had no accusations of unethical behavior against him.
Gene Hamilton, Executive Director of America First Legal, stated: "The Subcommittee’s report is shocking and indicates that Elizabeth Cheney clearly communicated with Mr. Passantino’s client without his knowledge or approval." He further emphasized that "Mr. Passantino deserves justice" and called for an investigation into Cheney’s conduct for potentially violating attorney rules.