Rep. Jim Jordan, chairman of the House Judiciary Committee, has referred former special counsel Jack Smith to the Justice Department for potential criminal charges, alleging Smith made false statements while testifying under oath to Congress. The referral, sent to Acting U.S. Attorney General Todd Blanche, claims Smith "seemingly made willfully and intentionally false statements of material fact" during testimony on December 17.

Jordan's letter to the Justice Department asserts that Smith's conduct was an effort to "thwart the Committee's inquiry by intentionally making false statements and representations before Congress." He stated that individuals, including former public servants like Smith, have an obligation to comply with congressional inquiries.

Allegations of Misleading Testimony

The referral stems from questions posed to Smith during his December testimony concerning whether he had received or reviewed text messages from members of Congress. Specifically, Smith was asked if toll records, which refer to communication metadata without content, included the content of phone calls or text messages. Smith responded "no" to both questions.

However, documents released by Senate Judiciary Committee Chairman Chuck Grassley indicate that Smith's team obtained and reviewed text messages from 44 members of Congress and White House staff as part of an investigation. Jordan's letter claims this new information contradicts Smith's testimony and suggests he was not truthful about his team's access to the content of these messages.

"The responses provided by Mr. Smith gave the impression that neither Mr. Smith nor his team had access to the content of Members' privileged text messages," Jordan wrote. "We now know this to be false."

Smith's Defense and Prior Cases

Attorneys for Jack Smith, Peter Koski and Lanny Breuer, have called Jordan's referral based on a "spurious claim." According to their statement, the referral is not made because Smith made a false statement, but rather because he did not "proactively disclose information that was not responsive to a question asked." They maintain that Smith provided "truthful, responsive answers and candidly discussed his work as Special Counsel."

Smith's legal team criticized the referral as reflecting a "chilling eagerness to weaponize the justice system by attacking a career, nonpartisan public servant."

Jack Smith previously led the prosecution of former President Donald Trump related to the 2020 presidential election. Both federal cases brought by Smith against Trump concluded without charges in 2024.

Earlier this year, Smith stated during congressional testimony that he believed the Justice Department would attempt to indict him, asserting, "I believe they will do everything in their power to do that because they have been ordered to by the president."

The Justice Department has confirmed it received Jordan's referral and stated that it "will investigate all evidence of criminal conduct."