Hutchinson, who served as a top aide to White House chief of staff Mark Meadows, told the January 6 committee that Trump tried to grab the steering wheel of his SUV to join supporters at the Capitol. Republicans have long disputed this account.
The effort to indict Hutchinson was first reported by Punchbowl News on Thursday. A Justice Department spokesperson declined to comment on the record beyond a standard statement: 'The department does not confirm or deny the existence of investigations, or the lack thereof.'
The investigation is being handled by the civil rights division, an unusual move as such cases typically fall under the US attorney for the District of Columbia. The New York Times reported in April that prosecutors there were tapped to investigate Hutchinson. Hutchinson herself acknowledged the investigation in court filings in an unrelated case.
The case is the latest example of the Trump administration using the Justice Department to target political opponents. Last year, the department indicted former FBI director James Comey on charges of lying to Congress and New York Attorney General Letitia James on mortgage fraud. Both indictments were dismissed after a judge ruled the prosecutor overseeing them was unlawfully appointed. The department has since filed a new indictment against Comey for posting a picture of seashells arranged to form a message. The department has also charged the Southern Poverty Law Center and journalist Don Lemon.