The head of the House Judiciary Committee, Rep. Jim Jordan, has requested a criminal investigation into former special counsel Jack Smith. Jordan, a Republican from Ohio, alleged Smith made false statements during a congressional deposition in the previous year.
In a letter addressed to acting Attorney General Todd Blanche, Jordan stated that Smith provided false statements contradicting documents acquired by the Senate Judiciary Committee. Jordan called for the Department of Justice to charge Smith, presenting what he termed as ‘strong evidence’ against the former special counsel.
The Justice Department spokesperson confirmed receiving Jordan’s referral and indicated their commitment to investigate any criminal conduct evidence.
Smith, who has faced criticism from former President Donald Trump, managed two investigations beginning in 2022. These focused on Trump’s alleged election interference in 2020 and mishandling of classified documents. Both cases were dismissed following Trump’s re-election in 2024, as current DOJ policy prevents prosecuting a sitting president.
The referral was initially reported by Fox News. In response, Smith’s attorneys stated he did not lie during his deposition. They explained that Smith answered truthfully, countering that the issue arose from information not disclosed without specific questioning. They further criticized the referral as an attempt to misuse the justice system.
During Smith’s deposition on December 17, he was questioned about pursuing a ‘search warrant for any text messages from Members’ to which Smith replied he did not recall. When asked about requesting toll records of congressional members, he affirmed this.
Rep. Jamie Raskin, the committee’s ranking member and a Democrat from Maryland, argued against Jordan’s referral. He claimed Republicans misrepresented questions asked during Smith’s interview. Raskin emphasized that Smith couldn’t have lied as Republicans did not ask questions linked to their accusations.
Recently, Senate Republicans claimed to possess documents proving Smith’s team reviewed texts from 44 Congress members during investigations involving Trump. These messages reportedly spanned both parties, primarily Republicans, and were sourced from the National Archives.
The Senate Judiciary Committee highlighted that Smith’s team accessed the communications without ‘privileged’ content being examined separately, potentially infringing on constitutional protections, as noted by its chairman, Sen. Chuck Grassley. Grassley announced plans to question Smith before the Senate Judiciary Committee to ensure accountability.
Included among reviewed members are Jordan, former House Speaker Kevin McCarthy, and Senators John Cornyn and Rand Paul.
