The Jan 6 hearing, Tuesday, introduced surprise witness Cassidy Hutchinson, who was aide to ex-White House Chief of Staff Mark Meadows. As per Hutchinson’s testimony, former White House Chief of Operations told Anthony Ornato, told her that Trump’s head of security on January 6, 2021, Robert Engel, had advised the then-president against going to the Capitol since it’d be unsafe.

Also read: Tony Ornato resigns as US Secret Service Assistant Director

Tony Ornato, Assistant Director of the US Secret Service, resigned on Monday, marking a major departure two months after explosive testimony from a former White House aide who claimed Ornato told her then-President Donald Trump was enraged when he learned his security team would not take him to the US Capitol on January 6, 2021.

Hutchinson’s testimony included more secondhand accounts from Ornato who’d told her that Trump lunged toward Engel while grabbing the wheel and attempting to drive the limo to join the protestors at the Capitol. 

If the House committee were to call either Ornato or Engel, there would be firsthand testimony and increasing evidence linking Trump to the incursion at the Capitol. 

Also Read | ‘She’s bad news’: Trump quick to slam Cassidy Hutchinson testimony

There is no legal privilege preventing Secret Service agents from testifying, and legal precedent shows that Secret Service agents have been asked to testify against presidents before grand juries. 

Members of former president Bill Clinton’s Secret Service detail testified while the Monica Lewinsky scandal was under investigation. 

However, whether Ornato or Engel wish to testify is another matter. The former joined the Secret Service in 1997 and has had a distinguished career at the agency and the latter is a decorated agent as well, having received the Public Safety Officer Medal of Valor. 

Also Read | What Ornato’s secondhand account says of Trump wanting to join Jan 6 riots

Historically, the Secret Service has insisted on maintaining some “protective function privilege”. In their statement, after being asked to testify against Clinton, the agency had said “While we accept the decisions of the courts, and will comply with court orders, it remains our professional opinion that recognition of a protective function privilege is critical to our mission.”

In the present context, former Secret Service agent Joe Funk echoed that testifying would undermine the agency. Speaking to Insider, Funk, who served under Clinton and Bush said “In order for us to do our job, we need to be close to the president in some capacity. If agents are forced to recount conversations on a later date, Funk said “[…] the president — and rightfully so — is going to be very concerned about that proximity in vehicles, especially if agents are privy to conversations.”