House Judiciary Chairman Jim Jordan, a Republican from Ohio, submitted a criminal referral to the Justice Department on Wednesday alleging that former special counsel Jack Smith made false statements under oath during December testimony before Congress. Jordan contends that Smith’s remarks regarding efforts to obtain phone records from lawmakers were intentionally misleading.
Smith previously led two criminal investigations into President Trump as special counsel. Those inquiries resulted in grand jury indictments related to alleged interference in the 2020 election and classified documents at Trump’s Mar-a-Lago residence. Both cases concluded without trial, partly following Trump’s 2024 election victory and return to the White House. The referral represents the latest action by the Trump administration and congressional allies pursuing individuals involved in past Trump investigations. The Justice Department has separately pursued criminal cases against former FBI Director Jim Comey and New York Attorney General Letitia James.
Smith’s legal team issued a response Wednesday evening, with attorneys Lanny Breuer and Peter Koski asserting that their client provided “truthful, responsive answers” to lawmakers. They characterized the referral as reflecting efforts to “weaponize the justice system” against what they describe as a nonpartisan public servant. Democrats countered that the referral centers on questioning Republicans never actually posed to Smith. According to Smith’s attorneys, lawmakers did not directly ask about phone records subpoenas issued to Capitol Hill contacts of White House officials, nor inquire about text messages from National Archives White House phones obtained during the investigation.
Rep. Jamie Raskin of Maryland, the top Democrat on the Judiciary Committee, stated the referral would be rejected by courts, asserting that Republicans distorted facts regarding questions actually asked during Smith’s interview.
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