Rep. Jim Jordan of Ohio, chairman of the House Judiciary Committee, submitted a referral to the Justice Department on Wednesday requesting possible prosecution of special counsel Jack Smith. The referral centers on testimony Smith provided in December 2025 regarding his investigation into former President Donald Trump’s efforts to overturn his 2020 election loss.
The specific dispute involves Smith’s responses to questions about toll records obtained from Republican lawmakers. When asked whether toll records he had requested included the content of phone calls and text messages, Smith answered no on both occasions. Jordan contends these answers were misleading because Smith’s office had obtained the contents of 44 lawmakers’ text messages through a separate subpoena to the National Archives and Records Administration.
Jordan argued that Smith’s responses created a false impression that neither the special counsel nor his team had access to lawmakers’ privileged communications. According to Jordan’s interpretation of relevant law, false statements can encompass situations in which a witness provides incomplete information or omits facts necessary to ensure accuracy.
Smith’s legal team disputed the allegations in correspondence addressed to both Jordan and Rep. Jamie Raskin of Maryland, the ranking Democrat on the Judiciary Committee. They characterized Smith’s testimony as “unimpeachably truthful,” emphasizing that the toll record subpoenas in question did not request text message content. The lawyers noted that Smith answered specifically about toll records rather than presidential records or other materials.
Raskin stated that Smith had accurately responded to the questions posed and criticized Republicans for faulting him over information he was not asked to provide. He noted that Smith underwent extensive questioning during both closed-door and public testimony without Republicans raising these particular concerns at that time.
The Justice Department acknowledged receipt of the referral and indicated it would investigate the allegations. Congressional referrals carry no legal force and do not obligate prosecutors to pursue cases. Smith previously left the Justice Department in early 2025, following his decision to abandon prosecutions against Trump after the latter’s 2024 election victory.
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