House Judiciary Committee Chairman Jim Jordan, a Republican, has referred former special counsel Jack Smith to the Department of Justice (DOJ), raising concerns about potential false statements made by Smith during his congressional testimony.
Jordan’s Concerns
In a letter to acting Attorney General Todd Blanche, Jordan highlighted newly released DOJ records. These records suggest contradictions between Smith’s prior statements and his office’s access to communications involving members of Congress during investigations of President Donald Trump.
Jordan urged the DOJ to evaluate if Smith’s testimony breached federal laws governing false statements. Attempts to reach the DOJ and Smith’s legal representatives for comment were made by Newsweek.
Senate Involvement
This referral follows actions by Senate Judiciary Committee Chairman Chuck Grassley. Grassley has claimed possession of records showing Smith’s team accessed text messages of 44 Congress members, himself included. Grassley stated he would release these records alongside Sen. Johnson to publicly share the evidence.
According to these records, investigators examined some communications before a ‘filter team’ could review them, a standard procedure for protecting privileged material. Republicans argue this conflicts with Smith’s testimony about not having access to lawmakers’ privileged text messages.
“This referral deliberately distorts and misstates the facts, including what questions the Republicans actually asked at Mr. Smith’s interview. The Republicans fault Mr. Smith for not reading the minds of congressional investigators and for not volunteering information they didn’t ask for. This is absurd. Mr. Smith may be telegenic but he is not telepathic,” Democrat Jamie Raskin, ranking member on the House Judiciary Committee, said, according to Fox News.
The Nature of a DOJ Referral
A congressional criminal referral does not automatically lead to charges. It merely requests that the DOJ decide if an investigation or prosecution should proceed.
The DOJ’s decision on whether to pursue allegations against Smith remains uncertain. Smith has consistently defended his work as special counsel, maintaining that his investigations were law-abiding.
Former Palm Beach County State Attorney Dave Aronberg remarked to Newsweek that this action by Jordan represents political maneuvering under the guise of legal oversight. He noted that a congressional referral lacks direct legal impact, describing it as a partisan suggestion rather than a criminal charge. Aronberg speculated that while the DOJ might open an inquiry to placate political leadership, the matter isn’t a legitimate criminal issue and appears as an attempt to exploit House committee oversight for political purposes.
This story is ongoing and will receive updates as more information emerges. Newsweek’s Edward T. Cummins is the editor managing this story.