House Judiciary Committee Chairman Jim Jordan has submitted a criminal referral to the Justice Department, accusing former special counsel Jack Smith of making false statements to Congress during his deposition on December 17, 2025. Jordan contends that newly released records contradict Smith's testimony that he did not obtain or review text messages from members of Congress as part of the investigation into former President Donald Trump's efforts to influence the 2020 election.
In a letter to acting Attorney General Todd Blanche, Jordan stated that "strong evidence" suggests Smith knowingly made false statements under oath, violating Title 18, U.S.C. § 1001. Smith's team is accused of bypassing a "Filter Team" designed to protect privileged information, leading to the viewing of text messages from over 40 members of Congress.
During his deposition, Smith had stated he did not recall seeking search warrants for the content of lawmakers' text messages, clarifying that his team only obtained toll records. These records indicate call activity and transmission times but not the content of the messages. Jordan argued that Smith's responses created the impression that his team did not access privileged text messages, an assertion he claims is now proven false by Department of Justice records.
These records, released to Senate Judiciary Committee Chairman Chuck Grassley, show that Smith's team "directly accessed" text messages exchanged between lawmakers and White House employees between October 2020 and January 20, 2021. Jordan believes this conduct warrants an investigation into whether Smith intentionally made false statements to obstruct the committee's oversight responsibilities.
The referral suggests that Smith's actions were an effort to thwart the committee's inquiry by intentionally providing false statements and representations to Congress. Jordan stated that sufficient evidence exists for the DOJ to examine whether charges are warranted against Smith.