The DOJ might offer immunity to those J6 witnesses who 'can't recall' to help them remember: Law professor
Jack Smith, Donald Trump (Smith photo by Robin Van Lonkhuijsen for AFP/ Trump by Saul Loeb for AFP)

In the stack of transcripts of the testimony that witnesses gave to the House Select Committee was a slew of allies to Donald Trump who suddenly couldn't "recall" a number of things. When Cassidy Hutchinson testified about her experience working as an aide to former chief of staff Mark Meadows, she revealed that her Trump-funded lawyer pushed her to say she couldn't recall things, even if she could. Hutchinson has since handed over all information she has to the DOJ.

It has prompted many to question whether they couldn't recall out of convenience or whether it was a legitimate claim.

Michigan Law School professor Barbara McQuade suggested the Justice Department might have an incentive to encourage the Trump allies to be more forthcoming about the information.

"The Justice Department has tools available to it that were either not available to the committee or that the committee showed some restraint and using," explained McQuade. "One of those is immunity. Certainly, the committee could've granted immunity to some of these witnesses to compel testimony. And they didn't do that, leaving that option to the Justice Department. But some of the things the Justice Department can do is to leverage potential criminal liability against others in exchange for cooperation. Or immunize them and compel them to testify. They can refresh the recollection. They can confront them with statements that are made by other witnesses that contradict their testimony."

There are other pieces of the Jan. 6 committee hearings that aren't admissible in court, like the hearsay that Hutchinson revealed about Trump's tantrum in the SUV on the way back to the White House.

However, "she can lead DOJ prosecutors to other people who do have firsthand information," McQuade explained. "The DOJ can use things like phone records, compulsion orders, immunity, and leverage to entice people to tell them the truth. They now — because of the work of the committee — have access to the information that provides those leads."

See her full comments below or at the link here:

The DOJ might offer immunity to those J6 witnesses who 'can't recall' to help them remember