Rep. Jim Jordan (R-Ohio), Chairman of the House Judiciary Committee, formally referred former Special Counsel Jack Smith to the Department of Justice for potential criminal prosecution on Wednesday. The referral accuses Smith of making “willfully and intentionally false statements” during a closed-door deposition before the committee on December 17, 2025.
Jordan’s letter to Acting Attorney General Todd Blanche cites “strong evidence” that Smith’s testimony contradicted newly obtained documents regarding his team’s access to congressional communications in the Trump investigations.
The allegation centers on Smith’s responses about whether his office subpoenaed or reviewed text messages from members of Congress.
In the deposition, Smith stated that his team had not received the contents of phone calls or text messages from lawmakers, describing records as limited “tolling” data.
However, newly released documents obtained by Senate Judiciary Committee Republicans, including from Sen. Chuck Grassley show that Smith’s investigators reviewed the content of text messages involving 44 lawmakers and Trump officials. Those messages were obtained as presidential records from the National Archives, not through direct subpoenas of members’ phones.
Jordan argued that Smith provided a “half-truth” by failing to disclose how the messages were obtained and reviewed. “All individuals have an obligation to comply with a duly authorized congressional inquiry,” Jordan wrote. “Mr. Smith, a former public servant, is no different.”
The chairman stated that Smith’s statements were intentionally false and designed to obstruct the committee’s oversight of the special counsel’s probes into President Donald J. Trump’s actions related to the 2020 election and classified documents.
Smith led two high-profile federal cases against Trump: one concerning efforts to challenge the 2020 election results and another involving the alleged mishandling of classified documents. Both cases were dismissed after Trump won the 2024 election.
Republicans have long criticized Smith’s work as politically motivated, and Jordan’s referral represents an escalation in congressional oversight of the former prosecutor. The Justice Department confirmed receipt of the referral and stated it “will investigate all evidence of criminal conduct.”
Smith’s legal team rejected the allegations, saying the referral “reflects a chilling eagerness to weaponize the justice system” and that Smith answered truthfully.
This development comes amid broader Republican efforts to examine the conduct of the Biden-era Justice Department. Jordan has previously demanded testimony from Smith and investigated what he calls the “weaponization” of federal law enforcement.
President Trump reacted to the news on Truth Social, posting “Justice at last???” in response to the criminal referral of former Special Counsel Jack Smith.
The referral fulfills a long-standing Republican priority to hold Smith accountable.
